Posted on: 12th May, 2011 04:20 am
my mother and her brother are co-owners of two properties. they have a home equity loan where my mother is a co-signer. her brother has not paid the taxes on the home in 3 years and now there's lean on both properties for back taxes. he has defaulted on the home equity loan and the bank is now demanding payemnt from my mother.
if my mother signs sole ownership of both homes to her brother, will she still be liable for the tax leans and home equity loan if she is no longer a co-owner of the homes?
thank you
if my mother signs sole ownership of both homes to her brother, will she still be liable for the tax leans and home equity loan if she is no longer a co-owner of the homes?
thank you
Hi diskra,
Welcome to Mortgagefit,
Transferring the ownership only will not releive your mother from paying towards the mortgage company.As you have stated that she has co-signed the property along with her brother thus she becomes liable to pay the mortgage irrespective whether she owns it or not....
But yes, as far as property taxes are concerned if she transfer the ownership to her brother ,she will be releived from paying the property taxes as she will no longer be a owner of the property...
Feel free to ask any further query if you have....
DIPA
Welcome to Mortgagefit,
Transferring the ownership only will not releive your mother from paying towards the mortgage company.As you have stated that she has co-signed the property along with her brother thus she becomes liable to pay the mortgage irrespective whether she owns it or not....
But yes, as far as property taxes are concerned if she transfer the ownership to her brother ,she will be releived from paying the property taxes as she will no longer be a owner of the property...
Feel free to ask any further query if you have....
DIPA
Hello DIPA,
Will she be relieved of paying both the back tax leans as well as future taxes if she transfers ownership to her Brother? She never lived in either home.
Also, if her brother declares bankruptcy, will she then be sole responsible for the home equity loan even if she transfers ownership? They are located in the State of Ohio. If she signs both homes over to her brother and relinquishes her rights to any future proceeds from the sale of the homes, would she be waived of the home equity liability?
Thank you
Will she be relieved of paying both the back tax leans as well as future taxes if she transfers ownership to her Brother? She never lived in either home.
Also, if her brother declares bankruptcy, will she then be sole responsible for the home equity loan even if she transfers ownership? They are located in the State of Ohio. If she signs both homes over to her brother and relinquishes her rights to any future proceeds from the sale of the homes, would she be waived of the home equity liability?
Thank you
hi diskra
as far as back tax liens and future tax liabilities are concerned,she is responsible towards it till the point she is the owner,the moment she transfer this to her brother,her brother becomes resonsible towards paying the taxes...i am talking only about taxes...
but as far as mortgage is concerned she will be still liable to pay it or ready to face credit drop if her brother files bankruptcy....i will advice her that she should file for deed in lieu of foreclosure....lot more depends whether lender will agree for it or not....and if lender agrees you will be releived from paying the mortgage...
for more info on deed in lieu you may visit this link...
http://www.mortgagefit.com/deed-lieu.html
feel free to ask any further query if you have...
dipa
p.s.above post was mine only..as i wasn't logged in...so ..
as far as back tax liens and future tax liabilities are concerned,she is responsible towards it till the point she is the owner,the moment she transfer this to her brother,her brother becomes resonsible towards paying the taxes...i am talking only about taxes...
but as far as mortgage is concerned she will be still liable to pay it or ready to face credit drop if her brother files bankruptcy....i will advice her that she should file for deed in lieu of foreclosure....lot more depends whether lender will agree for it or not....and if lender agrees you will be releived from paying the mortgage...
for more info on deed in lieu you may visit this link...
http://www.mortgagefit.com/deed-lieu.html
feel free to ask any further query if you have...
dipa
p.s.above post was mine only..as i wasn't logged in...so ..
Thank you so much for your response. Just a few more questions as I am not educated on this topic (thankfully) but very concerned for my mother.
Can the request to file for deed in lieu of foreclosure be from my mother only or must both my mother and her brother file jointly? Does the deed in lieu of foreclosure include forgiveness of the tax liens on the property if the bank agrees to the deed?
Does this type of situation warrant an attorney? If yes, whas the typical rate we can expect? My mother simply wants to walk away unharmed at the lowest out of pocket expense possible.
Thanks in advance for your response.
Can the request to file for deed in lieu of foreclosure be from my mother only or must both my mother and her brother file jointly? Does the deed in lieu of foreclosure include forgiveness of the tax liens on the property if the bank agrees to the deed?
Does this type of situation warrant an attorney? If yes, whas the typical rate we can expect? My mother simply wants to walk away unharmed at the lowest out of pocket expense possible.
Thanks in advance for your response.
Hi diskra,
"Can the request to file for deed in lieu of foreclosure be from my mother only or must both my mother and her brother file jointly?"
Both borrowers should apply for the deed in lieu foreclosure....Although the applcation could be single but it has to be signed by all the borrowers.
"Does the deed in lieu of foreclosure include forgiveness of the tax liens on the property if the bank agrees to the deed?"
No, Deed in Lieu Foreclosure (DIL Foreclosure in short) only releives you from the mortgage payments inlieuof surrendering your property back to lender and thus lender will make sure that all the taxes are paid before approving your DIL application....
"Does this type of situation warrant an attorney?"
I do not find any specific reason to appoint/consult an attorney for this service....Just contact your lender and write a hardship letter explaining each and every aspect why your mother could not continue with the payment and reason to opt for DIL foreclosure....
Feel free to ask anyfurther query if you have....
DIPA
P.S. If you would have gone through the link which I have provided in last post, I think you would have got all the answers to your current questions....but unfortunately people forget to read between the lines..I am not blaming you but just to convey my point to whomever, who is reading this post.
"Can the request to file for deed in lieu of foreclosure be from my mother only or must both my mother and her brother file jointly?"
Both borrowers should apply for the deed in lieu foreclosure....Although the applcation could be single but it has to be signed by all the borrowers.
"Does the deed in lieu of foreclosure include forgiveness of the tax liens on the property if the bank agrees to the deed?"
No, Deed in Lieu Foreclosure (DIL Foreclosure in short) only releives you from the mortgage payments inlieuof surrendering your property back to lender and thus lender will make sure that all the taxes are paid before approving your DIL application....
"Does this type of situation warrant an attorney?"
I do not find any specific reason to appoint/consult an attorney for this service....Just contact your lender and write a hardship letter explaining each and every aspect why your mother could not continue with the payment and reason to opt for DIL foreclosure....
Feel free to ask anyfurther query if you have....
DIPA
P.S. If you would have gone through the link which I have provided in last post, I think you would have got all the answers to your current questions....but unfortunately people forget to read between the lines..I am not blaming you but just to convey my point to whomever, who is reading this post.
Welcome Guest,
As your mother and her brother are co-owners of the property, both of them should jointly apply for a deed in lieu of foreclosure. The tax liens will not be forgiven but the deficient balance resulting from the sale of the property will be forgiven. Your mother and her brother can directly contact the lender and apply for a deed in lieu of foreclosure. It is not mandatory to take help of an attorney.
As your mother and her brother are co-owners of the property, both of them should jointly apply for a deed in lieu of foreclosure. The tax liens will not be forgiven but the deficient balance resulting from the sale of the property will be forgiven. Your mother and her brother can directly contact the lender and apply for a deed in lieu of foreclosure. It is not mandatory to take help of an attorney.