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[NC] Can I quit claim a property to my father while keeping the mortgage in my name?

I just completed a quit claim deed for a property online. Can I file this myself at the Register of Deeds after I have it notarized?

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Jon
Jon

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Understood. You can generally record the notarized quit claim deed yourself at the county Register of Deeds in North Carolina, as long as it meets formatting and recording requirements and the proper fees are paid. However, transferring ownership does not change responsibility for the mortgage (N.C. Gen. Stat. § 45-21.1).

Most mortgages include a due-on-sale clause, meaning the lender could require full payoff if ownership transfers without permission (12 U.S.C. § 1701j-3). While lenders don’t always enforce this for family transfers, they legally can. It’s wise to contact your lender before recording the deed and consider consulting a North Carolina real estate attorney.

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North Carolina Quit Claim Deed

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I just completed a quit claim deed for a property online. Can I file this myself at the Register of Deeds after I have it notarized?

Lexi

Lexi, Chatbot

Filing requirements can vary. Have you already had the deed notarized?

No.

Lexi

Lexi, Chatbot

Which state is the property located in?

North Carolina.

Lexi

Lexi, Chatbot

Is there anything else the real estate lawyer should know?

No.

Jon

Jon

Hello, I’m Jon, a licensed attorney. I’m happy to help. Just to clarify, is the property owned solely by you or jointly with someone else?

I own the property by myself. I still owe a mortgage on it. I want to deed it to my father.

Jon

Jon

Will your father assume the mortgage, or will you remain responsible for the loan?

I will still assume responsibility for the mortgage.

Jon

Jon

Understood. You can generally record the notarized quit claim deed yourself at the county Register of Deeds in North Carolina, as long as it meets formatting and recording requirements and the proper fees are paid. However, transferring ownership does not change responsibility for the mortgage (N.C. Gen. Stat. § 45-21.1).

Most mortgages include a due-on-sale clause, meaning the lender could require full payoff if ownership transfers without permission (12 U.S.C. § 1701j-3). While lenders don’t always enforce this for family transfers, they legally can. It’s wise to contact your lender before recording the deed and consider consulting a North Carolina real estate attorney.

Okay.

Jon

Jon

556 satisfied customers

Jon
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