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jameshogg · Posted: Fri Nov 07, 2008 1:37 am Post subject:

Hi Rochelle Britton!

Before taking him to the court you can try the option of "buying out co-owner". You may offer him a certain amount and ask him to sign away the deed in your favor. If he does not agree to this, then you can file a partition law suit in the court if your state laws permit. But you will lose your property in this case.

Thanks.

Guest

do not feel comfortable putting her name on the deed i beleive it should be my son

jameshogg · Posted: Wed Nov 12, 2008 12:06 am Post subject:

Hi shauna!

As you are the grantor and the property is in your name, then it is solely your right to decide whom you will be giving the property. Nobody can force you to deed the property to a particular person. If such a thing happens, it will be illegal.

Thanks

Guest

Per our divorce, I am giving my ex-husband the house. He claims he cannot refinance and is requiring I sign a special warranty deed. Understanding that this takes my name off the deed but does not take me off the mortgage, how will this affect me getting my own mortgage down the road? Is there something I can have him sign stating that he will continue to attempt to refinance the house?

sunnyca2009 · Joined: 04 Aug 2009 Posts: 1731 35.55 Dollars($)

Well as long as your name is on the loan you are laible to pay it

But you may show that you are 50% laible, but you cannot rule out full liability

You can buy a house in this situation, as long as you can show good incometo support the payments

smithsussane · Posted: Thu Oct 01, 2009 11:27 pm Post subject:

Hi MMurphy!

Welcome to forums!

If you already have a mortgage in your name, then other lenders may not be ready to give you another loan to buy a separate property. It would be better if he could refinance the loan in his name first and then you can apply for a mortgage. You can get it mentioned in your divorce decree that your ex-husband will refinance the property within a given period of time.

Feel free to ask if you've further queries.

Sussane

hemsleysue · Joined: 13 Sep 2009 Posts: 72 0.02 Dollars($)

you can not sign any warranty deed as mortgage is linked to it.

if he does not want to refinance, why does he want to own house?

Guest

My wife's name is on the deed of the property. I mortgaged the property and they did not ask for my wife to be on the papers. She did not sign a waiver. We live in florida. Can our primary home be foreclosed on. The mortgage company is in california. They are charging me 14.2%. Help.

smithsussane · Posted: Wed Oct 21, 2009 10:50 pm Post subject:

Hi Hunter!

Welcome to forums!

If you have defaulted on your mortgage payments, then the lender will have the rights to foreclose the property. You can apply for a loan modification in order to save your property from foreclosure. This may help you reduce your interest rate to pay off the monthly dues.

Feel free to ask if you've further queries.

Sussane

Guest

My husband and I are getting divorced. Am I financially responsible for repaying the mortgage loan if my name is not on it, but my name is on the deed of trust? Do I have to quit claim?

adonis · Posted: Mon Nov 02, 2009 10:02 pm Post subject:

Hi T.Ramirez,

If your name is not on the mortgage docs, then you are not liable for the mortgage payments. If you do not want the property, then you can sign a quitclaim deed and transfer it to your husband. He would be solely responsible for the mortgage and the property.

Guest

My husband passed away 5 yrs ago, my mortgage is in his name only, the property is in both names, I am just starting into foreclosure procedings, I have not lived at the residence for the past 3 yrs. How will this effect me personally?

smithsussane · Posted: Wed Nov 18, 2009 9:01 pm Post subject:

Hi KBW!

Welcome to forums!

If the mortgage is solely in your deceased husband's name, then the foreclosure of the property will not affect you. The lender would only be able to sell off the property and can recover his dues. He won't be able to sue you for the deficient amount as your name is not on the mortgage. However, you'll lose the property.

Feel free to ask if you've further queries.

Sussane

Guest

What does that mean and can i be taken off without my permission?

adonis · Posted: Wed Jan 13, 2010 11:43 pm Post subject:

Welcome to donelle,

Your name cannot be removed from a property deed without your permission. You'll have to sign a property deed in order to relinquish your rights. I guess you're speaking about a gift deed. It's a deed wherein the consideration is not monetary, but the property is transferred in return for love and affection.

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Name on Warranty Deed but not on mortgage or note