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?
All the best,
Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
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.
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!
Mitchell S. Feldman
Associate Broker/ Director of Sales
Madison Estates & Properties, Inc.
Office: (718) 645-1665
Cellular: (917) 805-0783