Posted on: 05th Nov, 2010 08:56 pm
i am in a mess! 5 years ago i purchaces my home and was unable due to credit get it in my name. my brother offered to help me out and put the loan in his name with both of us having the intentions to have it refinanced withn a year or two. well this did not happen due to the inability of getting my own mortgage. he lives in the apartment below myslef and my wife and children and it is a disaster to say the least. he is an alcoholic and doesnt even work...basically he is a bum that has just recently threatend that i would have to buy my house from him!....etc. important note: my name is on the deed as well as his. i really really want him off everything!! afraid he may try to screw me in the end. i am the one who pays the mortgage! not him. it is clearly my house in every way but the loan itslef. what can i do?? i cannot get my own mortgage. i am self employed and do not have the ability to give the banks what they want. i was thinking of talking to the mortgage comp about novation. wit that process do they still require the same type of docs as far as income and credit goes as a refinance does?? what about talking him into a quit claim deed?? i know it doenst remove his responsiblity of the mortgage but it will help me avoid the threat of him with my family's home and all my hard work all these years. again, this is my home and i bust my butt for it. can the quit claim deed be done now or do we have to wait for the transfer of the loan?? i really dont know what to do. it is a mess. i need him out of this situation. please help me! note: he will not leave until his name is off the mortgage and i want him out! i need the home for my family!
Hi lovly,
You will have to refinance the mortgage in order to remove your brother from the mortgage. You can apply for a novation but unless you're able to prove your income, the lender will not be ready to give you a novation. Moreover, most lenders prefer refinance over novation. At the time of novation or refinance, you can ask your brother to sign a quitclaim deed and transfer the property to you.
Thanks
You will have to refinance the mortgage in order to remove your brother from the mortgage. You can apply for a novation but unless you're able to prove your income, the lender will not be ready to give you a novation. Moreover, most lenders prefer refinance over novation. At the time of novation or refinance, you can ask your brother to sign a quitclaim deed and transfer the property to you.
Thanks
:)