Can a judge order a quitclaim deed to be signed? 4 Answers as of March 25, 2016

My husband and I co-signed a mortgage for our son in law, he is responsible for paying the mortgage he has not done so in 1 year. He is refusing to sign a quitclaim deed. Can a judge enforce him to do so, he is not banking able, we are, the mortgage holder is willing to work with us to refinance the house and keep the foreclosure off our credit. How do we get out from under this mess?

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Stephens Gourley & Bywater | David A. Stephens
If you file suit and the judge finds in your favor, he can order a quitclaim be signed.
Answer Applies to: Nevada
Replied: 3/25/2016
S. Joseph Schramm | Joseph Schramm
A judge can issue an order, under appropriate cases, compelling a person to execute a deed conveying title to property to another person and, if they don't, can include language in the decree that the title would then transfer to the intended persons (usually petitioners). They would then record the decree or order at the Recorder of Deeds' office to reflect the title transfer. However, you would have to retain counsel to file a petition with the court in order to obtain the relief.
Answer Applies to: Pennsylvania
Replied: 3/25/2016
Walpole Law | Robert J. Walpole
This may be a more complicated situation than first imagined because some facts are missing. Besides co-signing a mortgage, did he receive a deed from someone? If so, you would have to sue your son so that the result would be that the court order would transfer title to the property to you. And, of course, it would be easier if you also were listed as an owner on the deed. No, I don't think a judge can order your son to sign a quitclaim deed. The lesson here is to never co-sign even for an adult child without having an attorney advise you and also to prepare documents protecting you. Good luck.
Answer Applies to: Oklahoma
Replied: 3/23/2016
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You would be best off seeing in attorney but, answering your question, if it is appropriate one of the things that the judge can do is to order a quitclaim be signed or, if he refuses, that the judgment of the court be substituted for his signature in the land title record.
Answer Applies to: Michigan
Replied: 3/23/2016
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