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problems

Posted on: 29th Jan, 2007 12:00 pm
My husband and I are going thru a rough time. I\'d like to take him off the mortgage and title and add my daughter. How can I do that?
hi jennifer,

welcome to mortgagefit forum.

before you proceed you need to tell the lender about your plan of removing your husband from the title and including the daughter.

to take him off the title, your husband consent will be required and if he agrees then he will make a quit claim deed to transfer his property interest in your name. after that you can contact the lender and have the mortgage refinanced in your name.

when you have the property in your name create a new quit claim deed yourself to include your daughter as the co-owner of the property.

thanks
blue
Posted on: 29th Jan, 2007 12:12 pm
Also make sure that there is no clause which requires payment of the mortgage upon transfer of title, commonly known as due on sale clause.
Posted on: 29th Jan, 2007 01:06 pm
hi jenniferfsingh,

welcome to the forum.

you can use a quit claim deed to take your husband's name off the title and add your daughter to the property. for this, your husband has to sign over the deed to you.

to get your husband's name off the loan, you can ask him to transfer the loan in your name through novation. or else, you can refinance the loan in your name and at the time of closing change the title also.

however, if you wish to add your daughter's name on the loan, then the loan should be refinanced in both of your names.

hope this information is going to help you.

god bless you.

samantha
Posted on: 30th Jan, 2007 03:01 am
Jennifer even if your husband does not agree to quit claim his ownership rights on the house over to you, your daughter can be included in the title. What you can do is create a quit claim deed to make her part owner of the rights you have over the house.

It is not that if your husband is not quit claiming his ownership, your daughter can't be included.

Patrick Dempsey
Posted on: 30th Jan, 2007 11:11 am
Sure patrick, that can be done. But then she wants to remove her husband from the loan. However, if her husband does not agree to give away his share of interest, then Jennifer has to transfer a certain part of her share of ownership interest to her daughter.
Posted on: 31st Jan, 2007 01:52 am
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