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Hedging risk

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Old May 23rd, 2007, 01:54 AM     #1
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Default Hedging risk

I'm involved in an interesting and potentially volatile (to me, at least) transaction. I have an elderly realtive who owns a home with her deceased mother (it is not in probate and has no other leins, but is encumbered by the mortgator), but has decided to walk away from the home (and mortgage) and move into an assisted living facility. After reviewing the situation, I asked her if she would isgn the home over to me, and that I would compensate her when the home is sold. She agreed, and wants very little in return. I have brought the home current with the mortgage company, but am trying to protect my interest. I already have an investor willing to buy, but I have a few questions:

First, is a quitclaim advisable in Texas and does it give me the right to sign the contract as the "seller" and act as such at closing? Since there is still a mortgage, we cannot do a warranty deed - will said quitclaim obstruct the opening of title or hinder the transfer of title to the investor post-sale?

Given the mortgagor will receive a copy of the quitclaim, will they accelerate the loan?

At closing, how can I get the title company to write the check to me? Is a period certain durable power of atty. over this transaction and banking affairs advisable? If the check has to be made out to her, what can I have her sign to ensure that I receive the agreed upon funds?

Thank you for your help, I'm feeling a little overwhelmed!
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Old May 24th, 2007, 06:17 PM     #2
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Default Re: Hedging risk

You really should have a real easte lawyer help you prepare the transfer and document the deal--or you may not have title and you may end up taxed for no gain...
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