Sign the Quit Claim Deed before her refi is 100% complete???

[bobodad]

Divorce went final in November. XW is buying me out. Her refi is supposed to close tomorrow. Her title company sent me the Quit Claim Deed document, and they want it signed by tomorrow morning (to submit to the lender). I also have a copy of the HUD 1 document, containing her refi info and the amount due in a check to me.

The timing worries me, but I would think that if I go ahead and sign the QCD literally hours before the refi closes and I'm supposed to get my check, I have a leg to stand on if we have to go to court about it. I'm just worried about signing away my rights to the property when it's not a 100% done deal.

XW used the same lender for the refi, so I've confirmed that the payoff on the old note is "pending" in their system, and I will receive a "congratulations letter" stating the note is paid in full...I can also check the status of the old loan online.

Should I wait to sign the QCD ?

Thanks!

[hoosier_dad]

Did the same in my case in reverse. I don't see an issue signing the Quit Claim Deed and having the title company file it with the refi docs. If the refi doesn't go through then the Quit Claim Deed doesn't get filed.

[justlarry]

I did mine at a "Closing" just like when we bought the house from a stranger. Went to the closing (Title Insurance Company) where I signed the Deed and they handed me my check (equity) at the same time.

[Thoughts?]

Sign at or near closing.

[kidsdadtexas]

you HAVE TO SIGN it otherwise the loan will close but not fund and noone will get paid; not you, not the current lender with an outstanding note and not any of the 3rd parties with open invoices like appraiser, title company ect..

you're a little paranoid on this one and you may have justifiable cause to not trust her or any of her allies but once the loan funds and you're name is on the the HUD-1 as a payee on page 1 then the title company will cut you a check or wire you the money.

Are the loan documents at the title company? if so sign it and if not wait until they recieve the loan documents, because you could recieve a preliminary HUD-1 before the loan is ready to close. A quick call or email to the title company will confirm.