Home Buying in Brooklyn>Question Details

Andre Jones, Home Buyer in Brooklyn, AL

Can girlfriend be added to deed after closing?

Asked by Andre Jones, Brooklyn, AL Tue Aug 10, 2010

My mortgage company tells me she can't be added because she made a gift donation towards the closing cost. The mortgage company suggest that we close with just me and add her on later. Now my attorney said that's illegal and I could be penalized by the mortgage company bank. What should I do. Any help would be appreciated.

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Yes she can. After closing, and after the deed is recorded with the county clerks office, you then can goto a real estate attorney for a small fee($200-$500) to have her added onto deed. Call me with any questions. 917-519-4586. Thanks
1 vote Thank Flag Link Tue Aug 10, 2010
Yes, as already stated you can add her after the deed is recorded--do have an attorney who specializes in real estate handle all related paperwork; also consider asking the question again to your attorney, maybe some miscommunication occured.
1 vote Thank Flag Link Tue Aug 10, 2010
Andre, the issue here is that your lawyer is actually correct, not those who gave you different advice. However, that doesn't mean that people don't do this all the time. The mortgage document that you sign at closing clearly states that they must be notified of any change in title, and may not give their permission for it. The only reason I can think that your girlfriend isn't on the loan is that she doesn't have good credit, or has liabilities with no income to show, so having her on your loan would not allow you to get approved. What your mortgage company told you about her not being on the loan because she made a gift to you for closing costs is rediculous. If you are taking out an FHA loan, everyone on title must be on the loan as well, and visa versa. Your mortgage company is also giving you legal advice that they really shouldn't.
Now, something related to what Mack said is another issue. Do you want to put her on title, so she owns half the house, when she is not obligated on the loan?
0 votes Thank Flag Link Tue Aug 10, 2010
The other thing you must do - MUST DO - is get a partnership agreement drawn up between you and your girlfriend. Putting aside the fact that you'll never break up and even if you did, you'd agree on how to divvy up the property; one of you might find yourself in financial trouble, or incapacitated, or even deceased - in which case, figuring out who inherits the share of the property is easier to solve today by the both of you than to leave it for the survivor later on.

All the best,
0 votes Thank Flag Link Tue Aug 10, 2010
Why does not the attorney speak direct with the lender resolve all those issues.

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
972-699-9111
http://www.lynn911.com
0 votes Thank Flag Link Tue Aug 10, 2010
Yes it has been done. It Take a deed transfer from the title company.
0 votes Thank Flag Link Tue Aug 10, 2010
Jeez. Where'd your attorney get his degree--from the back of a cereal box?

Seriously.

Of course she can be added.

I'm guessing your cereal-box attorney is concerned about the "due on sale" provision of the mortgage that says that if you sell or transfer your interest--or a portion of your interest--without their approval, they can call the mortgage due and payable. And, yes, that's true.

But that doesn't make it illegal. It's not illegal. Ask Mr. Cereal Box to point out the "law" prohibiting it. He can't.

And, gosh, if the mortgage company itself is suggesting it, it sounds as if the mortgage company wouldn't have a problem with that action. Get it in writing from them, if possible.

However, once you ditch Mr. Cereal Box, ask your new attorney whether adding her to the deed is the best thing to do. There may be better ways to handle it that'll protect your interests and hers.

Hope that helps.
0 votes Thank Flag Link Tue Aug 10, 2010
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
Contact
Your attorney has your best interest at heart but his response according to your post was at best lawyerly. Go back to your attorney and ask your attorney the following question, " Mr/Ms Attorney, how can I legally add my friend to my property title after my closing has been conducted". Once you get your affirmative response, ask this, "What percentage of ownership should I be adding her." Then ask him/her " What was their reasoning for responding the way he did initially." It is very important you understand what you are getting yourself into with regard to ownership. You are walking a fine line when you involve the business of property ownership and personal relationship.
0 votes Thank Flag Link Tue Aug 10, 2010
Dear Andre Jones:

I am not an attorney so I cannot give you legal advise. Your attorney has to protect your best interests and is going to always take the worst case scenario. Based on what you said I think it is safe to assume that there can potentially be negative ramifications if you add your girlfriend on after the fact.

That being said I have two thoughts to share with you... 1) Jaywalking and spitting in public are also illegal but I have never witnessed a police officer issue someone a ticket while partaking of such actions (do you hear what I am saying?), and 2) Although there could be negative ramifications, it IS possible.

Only you can make the decision in the end. Good luck!

Sincerely,
Mitchell S. Feldman
Associate Broker/ Director of Sales
Madison Estates & Properties, Inc.
Office: (718) 645-1665
Cellular: (917) 805-0783
Email: MitchellSFeldman@aol.com
0 votes Thank Flag Link Tue Aug 10, 2010
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