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Novation - Transfer mortgage to another individual

Posted on: 18th Nov, 2006 06:31 am
What is novation? Can anyone define it for me...
Hi Patricia!

Welcome to forums!

In order to get the mortgage in your name, you will have to refinance the mortgage. Once you refinance the home loan, you will become liable for it.

Feel free to ask if you've further queries.

Sussane
Posted on: 07th May, 2010 02:09 am
My father and I are on the mortgage together and he is the co-borrower. Joint tenants. I would like to remove his name from the loan how do i go about that?
Posted on: 26th May, 2010 06:47 pm
The loan is not even a year old since July of 2009
Posted on: 26th May, 2010 06:49 pm
Hi DKv,

You will have to refinance the mortgage in your name in order to remove your father from the home loan. The loan is around 8 months old and I guess you will be able to get a refinance.
Posted on: 27th May, 2010 01:47 am
About 15 yrs ago I quit claimed my home to my father. At the time I was entering rehab for drug addiction. We went to his attorney and I signed papers to quit claim. My father had set everything up, he said it was to keep me from losing it from any creditors. At the signing he told me that giving him the house now made up for any money I took from him and my mother. They are both realtors and own alot of property, so this was easy for him to arrange. On that day I was a mess. My parents still hold resentments today and are clear it will never be mine again. ????
Posted on: 28th May, 2010 05:20 pm
Hi tuckerdo!

Welcome to forums!

Your parents will have to sign a quit claim deed in order to give the property back to you. If you feel that your parents have made you sign the deed under force, then you will be able to take legal actions against them. You need to contact your real estate attorney in this regard.

Feel free to ask if you've further queries.

Sussane
Posted on: 01st Jun, 2010 01:33 am
if I buy a house and then get married does my then wife have rights to the house?
Posted on: 03rd Jun, 2010 01:34 pm
Hi mlab!

Welcome to forums!

If you add your wife to the property deed, then she will become one of the owners of the property and will be able to claim rights over that property.

Feel free to ask if you've further queries.

Sussane
Posted on: 04th Jun, 2010 01:02 am
will quit claim deed be enough to add my only child who lives with me in my home. she is also in my will. there is a mortgage that i alone make payments...but if something happens to me, i want her to have the home with out any additional steps.
mom
Posted on: 09th Jun, 2010 06:50 pm
Welcome Melvina,

You can add your child to the property with the help of a quit claim deed. You can contact an attorney and he will assist you in drafting the deed.
Posted on: 10th Jun, 2010 12:13 am
i own half of the mortage on a rental. If I do a quit claim can I file personal
chapter 7 without it effecting the new title owner
Posted on: 17th Jun, 2010 04:01 pm
hi cheryl,

as far as i can understand, you're a co-borrower of the mortgage and co-owner of the loan. if you transfer the property just before filing bankruptcy, then it can be considered fraudulent by the bankruptcy trustee and you can be penalized for the same. the trustee may bring back the property in your estate and declare the property transfer as null and void.

take care.
Posted on: 18th Jun, 2010 02:34 am
I have gone through "Quit claim" and "Turn over mortgage" with my ex wife and was told that the "Turn over Mortgage" would remove my name and will not be liable for the mortgage anymore. 4 years has passed and now I got a call from a bank saying that I have a "black mark" in my credit because "I" have not paid mortgage in 60 days---Well, I don't have a mortgage as far as I know. I received a letter from the Countrywide then (4 years ago) acknowledging I am no longer liable for the mortgage. Unfortunately, since it has been so long, I can not locate that piece of paper anymore. Countrywide is now Bank of America and I am not sure how that piece of information from Countrywide did not carryover to Bank of America. Turn over mortgage does take out my name in the mortgage, right? How else, other than the now lost piece of paper, can I prove that I am no longer in that mortgage?

Thanks for your response!
Posted on: 21st Jun, 2010 10:30 am
Hi DD!

Welcome to forums!

If your ex-wife had refinanced the mortgage in her name after you quit claimed the property to her, then you won't be liable for the mortgage dues any longer. In that case, your name would have been removed from the mortgage docs. You need to contact your ex-wife and check out the mortgage docs to find whether or not your name is still mentioned on the docs. If not, then you need to contact the lender and inform him about the same and ask him to remove the negative item from your credit report.

Feel free to ask if you've further queries.

Sussane
Posted on: 22nd Jun, 2010 01:40 am
I'm trying to get a divorce but my husband is traveling and I don't know when he will be back he hides his ticket I know when he leaves but don't know when he will be back. Can I start the divorce and when he has to be serve can I send the documents by DHL to where he's at.
Posted on: 27th Jun, 2010 05:51 pm
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