Posted on: 05th Jan, 2009 02:03 pm
both parties are in agreement to remove one parties name off the deed/mortgage. the remaining name on said documents will resume living in residence and continue to pay the mortgage. they have only lived in the residence 1yr.
Hi miss_sporty,
The party which wants to remove its name from the deed can sign a quitclaim deed in the name of the other party. This will transfer the ownership of the property in the other party's name. Once the ownership is transferred to the other party's name, they will have to refinance the mortgage in their name.
Thanks
The party which wants to remove its name from the deed can sign a quitclaim deed in the name of the other party. This will transfer the ownership of the property in the other party's name. Once the ownership is transferred to the other party's name, they will have to refinance the mortgage in their name.
Thanks
do i have to re apply for the mortgage
nick i don't know if you are also known as miss sporty or not, so i don't know if i'm addressing this answer to the same original poster or not.
at any rate, in order to refinance, one needs to complete an application; so the answer to your question is clearly "yes."
at any rate, in order to refinance, one needs to complete an application; so the answer to your question is clearly "yes."
My brother and I share a house which we both live in, however I am moving out. His name is first on the mortage then mine because financially he makes more. Question?, will a Quitclaim deed/mortage work for me and how long does this process take and or can I file this myself or should I seek representation. Thanks
Hi Stacey,
If you want to move out, you can sign a quitclaim deed to give up your interest in the property. However, this will not relese you of your financial lilability. To remove your name from the mortgage, your brother needs to refinance it in his name. You can also request your lender to release you of the liabililty when you sign the deed.
If you want to move out, you can sign a quitclaim deed to give up your interest in the property. However, this will not relese you of your financial lilability. To remove your name from the mortgage, your brother needs to refinance it in his name. You can also request your lender to release you of the liabililty when you sign the deed.
it doesn't hurt you to have legal representation. you need to know what you're doing. to be perfectly frank about it: posting on a forum such as this may be helpful, but it's not the perfect solution to anything. you may very well get quality advice, but that's not going to enhance your understanding at all times. in order for you to fully understand what you're getting into or not getting into, i suggest you consider obtaining legal advice.
it's obviously your option whether you do so or not. i'm simply trying to point out that what often may appear as expert advice may just be the spitting back of what someone has learned through hearsay. lay people have no business giving legal advice, just as they'd have no business doing surgery.
this is by no means a criticism of the good people who populate this little corner of the universe. i have found great value in many of the questions and answers on these forums in this community. i encourage all who have a valuable message to share to participate.
it's obviously your option whether you do so or not. i'm simply trying to point out that what often may appear as expert advice may just be the spitting back of what someone has learned through hearsay. lay people have no business giving legal advice, just as they'd have no business doing surgery.
this is by no means a criticism of the good people who populate this little corner of the universe. i have found great value in many of the questions and answers on these forums in this community. i encourage all who have a valuable message to share to participate.
Will I still qualify for a first time buyer if I was the second name on the loan if I get deed off
sorry mrs. lady, if you are an owner of a primary residence, it doesn't matter where you are on the deed, you're still an owner.
I signed a legal document under the understanding that it was to remove my name from my maritial home mortgage. Since then I have learned that it was to give my ex-husband total ownership. When I singed this I asked the lawyer involved what exactly it meant and he said that it had no bearing on what I was entitled to from the equity of the home. In essence he lied....What can I do?
Hi wibs,
I think they have played a trick. What was the decision in your divorce?
if deed has been notarized & recorded, you do not have any right on house. however your name will still be on the mortgage.
I think they have played a trick. What was the decision in your divorce?
if deed has been notarized & recorded, you do not have any right on house. however your name will still be on the mortgage.
wibs girl what does your divorce decree state? are you to get a share of equity per the decree?
my ex parnter has moved out a year ago and is not paying the mortgage, he is living in a different country now and i am paying the mortgage alone with a lodger paying rent.
How do i go about removing his name, he is willing to sign something to say he will come off
How do i go about removing his name, he is willing to sign something to say he will come off
my ex parnter has moved out a year ago and is not paying the mortgage, he is living in a different country now and i am paying the mortgage alone with a lodger paying rent.
How do i go about removing his name, he is willing to sign something to say he will come off
How do i go about removing his name, he is willing to sign something to say he will come off
dani, this isn't too difficult. your former partner can provide you with a quit claim deed, transferring his interest in the property to you. what you'll need to understand, however, is that the mortgage lender has the right to call the entire mortgage loan due in full if you go that route. any time that title is transferred on a property that has a mortgage, the "due on sale" clause in the mortgage kicks in. be careful. however, i will add, generally there is no cause for alarm as long as you are able to maintain regular payments. most lenders only want to receive their payments and have no reason to desire a default.