Can a bank transfer or add a spouse when a mtg is paid off..

charismastar1 · Joined: 27 Sep 2008 Posts: 4 3.22 Dollars($)

Hi
Our mtg is going to be paid off in one month..My husband and I were told that the bank can with the right transfer form add my name onto the title and deed..We sent all the forms back to them..Iam on our homeowners insurance, tax forms, etc..but not on the mtg..we filled out all the forms from the lender, I was on one part of the deed, typed part but not written..I sent everything to the bank..and we requested I be put on the deed as quit calm deed..I am disabled and want to make sure I can live in the house if something should change between my hub and I..we also have a 8 year old son..I want all to go to him later on..how do I do all of this so Iam covered..Will changing over the deed effect my social security at all..Iam disabled..we do have high debt too..so alot of issues going on..thanks..is this a correction with the deed or change..Iam confused..My hub is giving me problems lately too with paying things on the house..I have paid all the utilities but falling behind now..any advice is great..

lisascherzer · Joined: 04 Jan 2008 Posts: 755 1.03 Dollars($)

Banks usually do not have anything to do with the deed. You will want to contact a title company that can prepare a surviorship deed. You will then get this signed in front of a notary and it needs to be filed with the county. You can take it directly or return to the title company for them to file it. I recommend a surviorship deed so that if anything were to happen to either one of you, the deed would transfer into the other persons name without it having to go through the probate process. It will not affect your social security rights or anything of that nature.

Guest 0.10 Dollars($)

The bank said they can do it because they have to now get the title because the mortgage will be paid off and sent out for new recording..but if you say differently you know better than I..What about my sons rights he is only 8 but I want him to keep the house should something happen to either one of us..My hub has stopped paying the bills on the house..my ssi does not cover them not even half way..we are behind on it all..anything I can do or any thing I can do legally for myself..

thanks

gmakerley · Posted: Mon Oct 06, 2008 11:39 am Post subject:

the bank has no standing in this situation. you ought to be in contact with legal counsel to take care of this.

elnoralittle · Posted: Wed Oct 08, 2008 10:18 am Post subject:

I think I understand what you are saying. The bank says they will prepare the quitclaim deed for you and submit with the re recorded docs.

My concern is this. Most times, the banks give a lien release and it is up to you to provide that to the court.

Also, the quitclaim deed would still need to be signed by your husband.
This can be done easily with your husband's cooperation.
The best thing for you to do is to get a living trust in place.

why your husband has not contributed to the family expenses is not answered. If you are currently going through separation or divorce, then you would definately need to get yourself an attorney. In most situations where you have a working spouse that supports the family and it is vital to your living and maintaining your way of life, you can request alimony and child support.

You also need to examine your household finances. Cut what you can where you can. Tv, phone & internet bundles are a good start, cutting in some cases 20% off the bill.

Contact the state about insurance and income subsidy. If you are low income and are getting a divorce, your healthcare might be covered by the state, and you might be qualified for welfare checks.

Good luck. And please, contact an attorney, don't do it on your own.

Guest 0.10 Dollars($)

My parents are willing me the family home. There is a remaining mortgage. I am not able to obtain financing at this time. What is the best way to secure the home?

gmakerley · Posted: Thu Oct 09, 2008 12:12 pm Post subject:

if, as you say, they are willing it to you, i should think you wouldn't have to worry about financing until such time as they've passed on.

are they deceased? is that why you're asking?

0.10 Dollars($)

yes, you wouldn't have to worry about the financing until that time. I would see if your parents have an assumable loan. That way you can assume the mortgage payments upon their death, if you qualify in the future.

I would speak with an estate attorney to find out your options.

All times are GMT - 7 Hours

Page 1 of 1