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how to remove name from deed

Post Your detailed question here.My brother and i are on my parents deed my dad is deceased and my mom is still alive and living in condo in florida. My brother has beed jailed in ny and may be facing a personal law suit, my Mom and I want to remove his name to protect her property. Is a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] appropriate and is it the only paperwork needed?

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi michellebrodeur!

Welcome to forums!

Yes, you can remove your brother's name from the property by asking him to sign a quitclaim deed. You will then have to notarize and record the deed at the county recorder's office.

Feel free to ask if you have further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have a mortgage on my house with wife can I remove my name from the deed and how do I go about ,that we dont have to refi the house do we ??

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Caron's picture
Caron | Joined: July 19, 2005 08:37 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

I don't think your lender will allow you to take your name off without refinancing the mortgage. Your wife needs to refinance the loan in her name as she will be the sole owner if you transfer property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my mom is on the deed to my grandmothers house ,and my grandmother who is still in her right frame of mind wants to remove her daughter.but,my mom refuses what can we do?

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi

If your mom is on the deed, your grandmother cannot remove her from there unless your mom signs her property-interest back to your grandmother.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My x and i bought a house together and he doesn't pay any of the up keep or the bills how can i get his name removed from the deed.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi ncola,

You will have to ask you ex to transfer the property to you by signing a quitclaim deed. Once he signs the quitclaim deed, you will become the sole owner of the property. After he signs the deed, remember to notarize and record it.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Can a lender remove a name from a mortgage (divorce). She had signed quit claim deed. Wants her name removed as she cannot get a place. He is going to have to file bankruptcy and wants to keep the house, but probably cannot refinance because of credit issues. Can the lender remove her name if he has a new co-signer to add to the note?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi alemapsue!

Welcome to forums!

The lender will be able to remove your ex-spouse's name from the mortgage only if you refinance the loan in your name. You have mentioned that you have a new co-signer. You can refinance the loan with the help of that co-signer.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My name is on the deed to our home.But not on the mortgage.I have debt and want to protect my home.All the debt is in my name.Do I need to get my name off the deed.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi nora,

If your creditors have already sued you, then removing your name from the property deed would be considered as a fraud. Your creditors can penalize you for this. You should speak to a real estate attorney before transferring your property to someone else.

Thanks

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hollypinto05's picture
hollypinto05 | Joined: August 25, 2009 11:12 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have assumption form taking care from mortgage company however they require my name needed to be remove from deed too. So I would like to know where I can get transfer deed or quitclaim form to fill out and get my name off the deed?

Thank you

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi hollypinto,

Your query has been answered in the given page:
http://www.mortgagefit.com/quitclaim/deedtransfer-assumption.html

Please take a look at it. I hope it'll help you.

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brown.walter.09's picture
brown.walter.09 | Joined: August 10, 2009 09:32 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

hi michellebrodeur,

i think you have two options: 1) If you and your brother are on speaking terms, you can prepare a "quit claim deed" that he will sign and you will record. This will transfer 100% ownership to you. This is the easiest and simple way.

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harry.wallace.07's picture
harry.wallace.07 | Joined: August 25, 2009 10:01 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

hi,

if you want to remove your brother's name from the deed just go to your county's clerk and recorder's office and record the deed. There will be a small charge for recording the quitclaim deed.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my husband left our home and is tryin to sell it while i still live there. i have moved out but dont want any connections with the house. the mortgage is in his name but the deed has both of us listed and the homeowners insurance policy is in my name what should i do to cut all ties to the house?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jbyrd,

You can transfer the property in your husband's name in order to make him the sole owner of the property. As the mortgage is not in your name, you won't have to worry about the payments. If he defaults the payments, it is his credit that would be affected. As far as the homeowners insurance is considered, your husband will have to contact the agent and try to transfer it in his name.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

A freind recently divorced and her spouse wants her to sign a deed, however, my understanding of the law is she must be relieved of all liability and obligations, etc. And it shuld not be a quictclaim deed. He can only [url=http://www.mortgagefit.com/refinance.html]refinance[/url] after bank release's her from the loan. After that he can refinance the mortgage correct?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome kae,

If your friend signs the quit claim deed, she will not be released from the liabilities of paying the mortgage dues if her name is on the mortgage docs. The ex-spouse will have to refinance the loan in order to release her from the loan obligations.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

I purchased the house few months back and my aunt helped me getting the mortgage as a co-signer, I pay the mortgage and every other payments on the house and on the deed both mine and her name appears. Is there a way that I can remove her name from the deed without changing anything on the mortgage?

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marklavender1's picture
marklavender1 | Joined: September 13, 2009 01:45 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

hi

Yes, you can remove your brother's name from the property with the help of quit claim deed.you just Go to your county's clerk and recorder's office and record the deed.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am an original owner of a property in Az. and I used a straw deed to add my brothers name to the property. Property is free and clear.Brother now has credit issues and possible bankrupcy. Can I remove my brothers name from deed?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am an original owner of a property in Az. and I used a straw deed to add my brothers name to the property. Property is free and clear.Brother now has credit issues and possible bankrupcy. Can I remove my brothers name from deed?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Will the lender allow to take a name off the deed if there is a morgage?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

Your brother will have to sign a quit claim deed in your name and transfer the property to you. However, he will not be able to file bankruptcy immediately after this property transfer. He will have to wait for at least a year and then file bankruptcy.

To cary,

The lender may allow you to take your name off the deed if there is a mortgage. However, the new owner will have to refinance the loan immediately or else the lender may call the loan due.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My condo is in default; I just discovered my parents' names are still on the deed (I thought I had removed them after a refinance.) How can I get them off the deed to protect their savings?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jolie,

You can ask your parents to sign a quit claim deed in your name and transfer the property to you. However, if their names are not on the mortgage, then the lender will not come after their savings after the property is foreclosed upon.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My spouse and I recently divorce. We did an absolute divorce so we just needed to sign the divorce documents. My name is on the deed and the loan. His name is only on the deed but he refuses to sign the quit claims deed nor helps with the upkeep of the property. How can I get him removed.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi tbow,

I've given my suggestions in regards to your query at:
http://www.mortgagefit.com/propertytransfer/divorce-exhusband.html

Take a look at it. Hope it helps you.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

We need help my mom name is on my husbands and my home title/deed she refuses to take her name off. Her name is not on the mortage only on the title/deed. We want to refinance but can't becasue my mom is a control freak and won't sign it. I've been trying to talk to her about some of the downfalls of her being on the title/deed. We need advice and also need to know what will happen if she keeps her name on the home if she passes or needs to go into a rest home. Please someone help us, she's making us crazy.

Thanks,
Monica

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Guest,

Unless your mother signs the property deed, you won't be able to remove her from the property. If she passes away with her name on the property deed, then you will have to file an affidavit of heirship and get the property transferred in your name.

In my opinion, you can offer her a certain sum of money and ask her to transfer the property deed in your name. After this buy out, you would become the sole owner of the property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have offered her money and she say's it's not about the money she just wants control she thinks I want to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] (which I do ) and she doesn't belive in doing that she has no clue about what goes on in this world. If she has to go into a nursing home on day what will happen to us. We need to find out who we need to talk to or what action to take to get her off this home. Any suggestions she refuses to sign anything it's that control thing we really need some good advice. Thank you

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

how do i change a the deed because my father pass away?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi!

Welcome to forums!

To Monica,

As far as I know, if your mother receives Medicaid benefits, then estate recovery can take place and you may lose the property. In my opinion, you should speak to an estate planning attorney and take his opinion in this regard.

To jj,

If your father did not leave back a will, then you will have to contact the county recorder's office and file an affidavit of heirship. This will help you in transferring the property in your name.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I need to know how I can go about removing a name from the deed of some property that I have a loan for solely in my name. i agreed to add the name so the other individual could do a refinanced loan in their name alone, but as of today they still have not assumed the loan. please help me!!!!

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome netta,

You will have to ask the other person to sign a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] in your name and transfer the property to you. This will make you the sole owner of the property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mortgage in my name, my ex girlfriend and I are on the deed. She is the mother of my son and we live together. She no longer pays anything towards the mortgage. I cannot afford the mortgage myself. The bank says no to Modify loan. Trying to Refi, but had a few late pays due to the money situation. She will not sign off on deed. I want to get out, but I'd still be on the hook for the loan. Can I [url=http://www.mortgagefit.com/foreclosure/17ways-avoid.html]avoid foreclosure[/url]?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Geoff,

You will have to convince your girlfriend and try to sell off the property. If your name is on the property deed, then you can even file a partition lawsuit. This will help you in selling off the property. The sale proceed will go towards paying off the mortgage dues.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My X and i bought a house, when we split up we left both our names on the deed and the loan in hopes of selling it off. 6 months later, no bids and neither one of us could afford the house payments as well as the bills living seperatly. I agreed to move back in, shortly after this agreement he passed away. His family does not talk to me and the laywer bills with everything else surround this are killing me. I want to try and take him off w/out dealing with his family/laywer. Would this be possible?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Andi,

You can file an affidavit of heirship at the county recorder's office and get the property transferred in your name. Once you do so, then you can refinance the mortgage if you have equity in your property. This will make you the sole owner of the property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If I remove my name from the deed can I also try remove my name from the mortgage as second co-signer?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

You can sign a quitclaim deed and remove your name from the property deed by transferring it to someone else. However, if you want to remove your name as the cosigner from the mortgage, then you will have to ask the primary borrower to refinance the mortgage.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

less than 45 days ago i closed on a house with owner finacing and add my boyfriends name. whats the best way to get his name off? i made all the down payment.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Dale!

Welcome to forums!

If the property deed mentions your boyfriend's name, then you need to contact him and ask him to sign a quitclaim deed and transfer the property to you. Once he does so, you will become the sole owner of the property.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I bought a house as an investment property our son and daughter in law are living in the house and paying the mortgage in leu of rent to us. When we purchased the house the intentions was for them to purchase the house from us when they were finacially stable so we put their name of the deed. They are now having serious maritial problems and we would like to take their name off the deed. They will not willing sign a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit deed[/url].

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi dsnq,

Unless they sign the quitclaim deed, it will be difficult for you to get the property transferred from their names to your name.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

hello my two sisters and I were left my mother's house. The youngest sister 18 at the time of passing lived in the home and still does now at 21. We have tried to do mediation to sell the home with no help. I now see that she is behind taxes from 2010 till now a little over $4700, plus a $800.00 water bill. Now on top of that she has committed a crime already this year (2013) that is going to get her jail time. How do we get her off the deed? She wont sign a Quit Claim or do mediation? Thank you fo your help

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

Unless your sister signs the quitclaim deed, you won't be able to remove her name from the property deed. It will be better if you could convince her to transfer the property.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Our mother has a life estate with her five children being the grantees. One child is deceased but has a wife our mother does not want to receive a benefit from. She wants to remove the child's name from the warranty deed. Can she just simply do another warranty deed and file it with the clerk with who she wants to convey the property to?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Cmj!

Welcome to forums!

As far as I know, your mother won't be able to remove the child's name from the property deed. The wife of the child will be considered as the heir to his share of the property. She will be able to claim the share.

Feel free to ask if you've further queries.

Sussane

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