taking a name off of a deed

sean, as an owner, your brother must consent to relinquishing his interest in the property. unfortunately, neither you nor your mother can accomplish this on your own. you'll need a quit claim from him to transfer his interest to you and your mom, if that is the desired result.

Hi Sean,

Welcome to the forum.

George has rightly said that neither you nor your mother can take him out of the deed. If he himself quitclaims back to you then only he will be out of the deed.

Feel free to ask if you have any further questions.

Best of luck,
Larry

my husband and i have seperated and he refuses to help with the mortgage repayments.i have approached the bank about transfur it into my name,but for me to do that i will have to buy him out,then refinance.
even though i am able to pay back the repayments now the bank refuses to lend the money.what am i to do.

Hi Sean,

Welcome back.

If the bank refuses to approve you to refinance then you can shop around for lenders and someone else may help you out.

BTW can you please give some details about your credit history and employment history so that we can suggest you better?

Do you have now ARM or FRM?

How loan have you taken the mortgage and how much do you still owe to the lender?

Please inform us the present interest rate of the mortgage that you are paying.

Is your brother ready to quitclaim to you if you can buy him out? He will only get the share of the equity that you have on the property.

Hope to hear you soon :)

Best of luck,
Larry

this is in answer to sharleen.

sharleen, you said "even though i am able to pay back the repayments."

does that mean that you are able to make all the back payments that will now bring the loan up-to-date? it's not clear.

if that is the case, you should make those payments and initiate new discussions with your lender to see if a refinance would be a possibility then.

I am interesting in relocating and would like to know how I can go about getting a home in Nevada from someone who would like to quick deed their home to me. Can my name go on the title and deed of the house once it is quick claimed to me?

Hi Shari,

Your name can be added to the title once the quitclaim deed is executed, signed by notary public and recorded at the County Recorder's office. This is to make sure that it is a valid one. Know more on quitclaim deed prior to executing it.

Thanks.

Hi,
My grandfather and grandmother purchased a home in 1971 and the deed was in both of their names. My grandmother took ill and passed away in 1992. My grandfather passed away in 1997. They had a total of 7 children. One of their children had him sign a quick claim deed for a $1.00. Is there any way the other 6 sibilings have a chance to get some claim on the house as well or is this a lost cause? Will they be able to take their sibiling to court who under handed her father during his last days and took possession of the house. Is there a possibility for a good court case?

Hi,

we want to remove my mothers name from the deed to our house. She is in an assisted living facility for dementia. She has enough money to care for her for about ten years. We would like to avoid having to sell the house if she has to go on mecicaid before she passes away. We have a durable general poa and have assumed the management of all her finances. She hjas been declared legally unable to make any executive decisions. Help.
pouse

Hi Yulonda K,

There's a possibility of the other siblings getting their share of interest if they can prove in court that their father was forced to sign the deed.

Now, in response to Steve, I'd like to say the following:
you can use the durable power of attorney in order to remove your mother's name only if it offers you such rights. By the way, is she fit enough to at least sign on a deed?

may god bless your mom.

Samantha

We purchased a home in Florida (+55 community) and put my mom's name on the deed along with ours. The home was purchased in cash. After careful, but late thinking, I felt we should remove my mom's name God Forbid (knock wood) she had to be placed in a nursing facility in future years. My mom is a permanent resident of New York and will only "visit" Florida. I recently found out the house would then be part of her estate. Would a quick claim be a way to remove my mom from the deed or is there a better way just in case of the 5 year look back on Medicaid. Fortunately mom is healthy, etc. but JUST IN CASE. Any suggestions!!!!!

Hi Margaret,

Yes, you can remove her name from the deed with her consent with the help of quitclaim. The 5 year look back period of Medicaid will always be there whether you transfer the property by a quitclaim or any other deed form.

Thanks.

I made a bad mistake for adding someone's name to my deed without having the person's name on the loan. The person could not get the loan with me because they had another house in their name. What can I do to get the person's name off of the deed?

Hi Chanda!

You can ask that person to reverse quitclaim the property in your name. In this way, you will be able to remove that person's name from the property.

Thanks,

Jerry

Hi

What exactly is quitclaim and how do I go about it? I have a lot in Florida that is in my name and my spouse's. We are separating and the lot in Florida is in both our names (paid in full) and we have a house in my name alone, but that is another story in another state. Who do I go to for a quitclaim, an attorney? How much is it? How fast does it take effect? Thank you.