Posted on: 06th Jul, 2011 07:21 am
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In Arizona. 2 Co-owners of a property.
1 holds Title (Deed) as Joint Tenant w/ ROS, the other owns Title (Deed) as Tenants in Common so that their Half could be Willed someday.
Tenant in Common has been living there & paying Mortgage & everything for years, but now moving out. JTw/ROS will be taking over.
JTw/ROS Refuses to Refi in their own name and Refuses to take Tenant in Common off of the Mortgage.
HOWEVER, the JTw/ROS says that they think that the Tenant in Common shold be Removed from the Deed and that they have an Attorney who is in the process of removing the Tenant in Common from the DEED (Title).
Question: Can they do that Legally? Wouldn't the Tenant in Common have to SIGN some sort of Legal document to agree to such a thing? (Which they definitely do NOT want to do, seeing that they will not be removed from the Mortgage and therefore will still be liable for the Mortgage.)
JTw/ROS is refusing to take the Tenant in Common off of the Mortgage, but want them completely removed from the DEED. Just need to know if there are any Legal circumstances where the JTw/ROS can have the Tenant in Common Removed from the Deed, but still remain on the Mortgage.
Wouldn't there have to be some sort of Legal paperwork signed by the Tenant in Common, agreeing to such an awful thing? Can this be done without their approval, under any circumstances?
Please help.
Thank you!
In Arizona. 2 Co-owners of a property.
1 holds Title (Deed) as Joint Tenant w/ ROS, the other owns Title (Deed) as Tenants in Common so that their Half could be Willed someday.
Tenant in Common has been living there & paying Mortgage & everything for years, but now moving out. JTw/ROS will be taking over.
JTw/ROS Refuses to Refi in their own name and Refuses to take Tenant in Common off of the Mortgage.
HOWEVER, the JTw/ROS says that they think that the Tenant in Common shold be Removed from the Deed and that they have an Attorney who is in the process of removing the Tenant in Common from the DEED (Title).
Question: Can they do that Legally? Wouldn't the Tenant in Common have to SIGN some sort of Legal document to agree to such a thing? (Which they definitely do NOT want to do, seeing that they will not be removed from the Mortgage and therefore will still be liable for the Mortgage.)
JTw/ROS is refusing to take the Tenant in Common off of the Mortgage, but want them completely removed from the DEED. Just need to know if there are any Legal circumstances where the JTw/ROS can have the Tenant in Common Removed from the Deed, but still remain on the Mortgage.
Wouldn't there have to be some sort of Legal paperwork signed by the Tenant in Common, agreeing to such an awful thing? Can this be done without their approval, under any circumstances?
Please help.
Thank you!
anyone know answer to this? anyone?
Anything that is legal and needs to be recorded, must have a valid signature that has been notarized. So short answer is without your consent, nothing can be done to the ownership without ALL parties in agreement and signing off their rights. Be careful of forgery...
Thank You! Makes sense.
Thanks!
Thanks!