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Quit Claim Deed for same sex partners

This is a topic titled Quit Claim Deed for same sex partners made in the Mortgage Talk section, belongs to our Mortgage Chat category; I am hoping you can help me with this difficult question. I am in a same sex relationship, and my partner is the one whose name is on the mortgage ...








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Old September 29th, 2008, 07:03 AM   #1
Mike
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Registered: Apr 2008
Posts: 1,497
Default Quit Claim Deed for same sex partners

I am hoping you can help me with this difficult question. I am in a same sex relationship, and my partner is the one whose name is on the mortgage to our home and he makes all the payments. We have mortgage insurance, but we called our mortgage company to find out how we can make sure if anything happens to him the home would be transferred to me, because being a same sex couple we cannot get married in our state and therefore there are no guarantees the home will go to me or that one of his family members will not try to step in and take it from me. We do have a living trust and will made giving each other all rights to property, but we are trying to cover all the bases so to speak (and then some) so that no one challenges anything as so often happens with same sex couples -our rights are usually trampled on because we have no rights under the law as a couple in most of the USA. Our mortgage company agent stated the following, and I would like some information if this is true: andquot; I probably shouldn't be telling you this, because the mortgage companies don't like this information getting out, BUT, if you do a Quit Claim Deed, not only will all rights go to your parnter, but even if there is money owed on the home, the mortgage company can no longer legally try to get this payment or foreclose as the home is now transferred to someone else whose name is not on the mortgage and therefore not legally responsible for payment as the deed grantor is no longer living.andquot; Is this statement true? Will the home now legally belong to grantee? And will this also stop our mortgage company from coming after any remaining debt or foreclosure since the home is in someone elses name now? Our mortgage insurance only applies for accidental death, so it would give us some peace of mind this was true in case of death due to natural causes. Thank you for any help on this, as this issue is complex for same sex partners.
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