Home Buying in 33328>Question Details

tiffanyd63, Home Owner in Fort Lauderdale, FL

The mortgage on my house is in my boyfriends name but the deed is in both of our names. He is moving out of the country, how do I take his name off.

Asked by tiffanyd63, Fort Lauderdale, FL Wed Jan 23, 2013

Help the community by answering this question:

Answers

11
Hello Tiffany,

As agents, we are not supposed to give you any legal advice. It is best to consult an attorney specializing in real estate - who is not just the "closer" or a "title company" only sort of attorney...
You need somebody who could go to court and win, if they have to.
Such attorneys are a step above the "closers" (those who do closings but don't go to court).

However, based on what I have learned over the years in the mortgage/real estate industry, you need to refinance to be able to take over the mortgage payment and the deed to your name solo.
This means you'll need to be able to qualify on the loan by yourself. This way you'll continue paying the loan/note off legally (mortgage is just a security instrument and the note on a loan is what is being paid off).

The bank that gave the loan is supposed to be informed about every change in ownership.
It sounds like you probably didn't inform them, just Quick Claim Deeded the original warranty deed from your boyfriend's name to both of your names, right? You got to be careful if that is the case.
Transfer of ownership might make the bank want to "call" the loan - have you pay off the loan in full,
and quickly. That is if they find out about it. Sometimes, people pay for their previous exes and the bank does not know...unless they stop paying that is...Read your closing documents for your specific bank's requirements.

Hope this helps,

Irina Karan
Beachfront Realty, Inc.
IrinaKaran@gmail.com
1 vote Thank Flag Link Wed Jan 23, 2013
You just said the mortgage is in your boyfriends name. It sounds like you need the buy the house from him and place the mortgage in your name.
0 votes Thank Flag Link Sun Mar 10, 2013
You would want to be extremely careful just posing the question to the bank. Be sure to seek advice from an attorney that you trust. If all is going just fine then don't stir things up, especially when banks are doing more to protect themselves in this economy.

Your mortgage could be accelerated so you may want to go through the mortgage document line by line....this would change things significantly for you.
0 votes Thank Flag Link Sat Jan 26, 2013
You don't, Tiffany.

Your boyfriend can quitclaim his interest in the property to you, and because there are potential legal and tax issues that this may trigger, you need to consult with an attorney and an accountant.

All the best,
0 votes Thank Flag Link Wed Jan 23, 2013
The mortgage will need to be paid off (cash or with a new mortgage on your name or anyone else to be added to the deed and your boyfriend name to be removed off it...)



With enthusiasm,

Meir Aloni & Team

CRS (Certified Residential Specialist)

CDPE (Certified Distressed Property Expert)

RECS (Real Estate Cyberspace Society)

Successfully selling Broward County since 1986!

Direct phone# 954-338-5220 http://www.WeSellBroward.com

All Star Realty Inc.
0 votes Thank Flag Link Wed Jan 23, 2013
You need to read the note signed by your friend and depending on the outcome - talk to the bank. Call me if you need help http://www.americandestinyrealty.com
0 votes Thank Flag Link Wed Jan 23, 2013
You can record a Quit Claim Deed but the Note on the Loan would still be in his name unless you refinance the home under your name. Always best to consult an Attorney when transferring ownership of property.
0 votes Thank Flag Link Wed Jan 23, 2013
Dorin is correct, you can remove a name from the deed but you can't mess with the loan. You would have to either:
pay the mortgage payments and hope the bank never finds out he is gone
or
refinance in your name only. The first way is dangerous and could make for a lot of problems when they find out. This is why it is never a good idea to buy with a boy or girlfriend - they can just leave.
0 votes Thank Flag Link Wed Jan 23, 2013
Thank you.
Flag Wed Jan 23, 2013
Quit claim deed will transfer ownership. Are you planning on taking over the mortgage in your name?
0 votes Thank Flag Link Wed Jan 23, 2013
Quit claim deed. I would also check with bank holding the mortgage...there may be a clause to accelerate the loan and call it due - meaning they could demand entire mortgage balance. Visit us at http://www.americandestinyrealty.com
0 votes Thank Flag Link Wed Jan 23, 2013
You both would need to sign at the court house to take his name off.
0 votes Thank Flag Link Wed Jan 23, 2013
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2014 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer