Home Selling in 11704>Question Details

Colleen Adri…, Home Buyer in west bablon

Should i sign an affadavit removing my name from the title?

Asked by Colleen Adrion, west bablon Sat Sep 13, 2008

My ex hsuband is ordered by teh ourt to buy me out for 75,000 he is taking a home equity loan and the bank wants my name removed from teh titel to release the monies I do not want to take my name off until Ihave my money in my hand Please advise

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As an addendum, if you are being bought out, the house should go through a regular sale with your Real Estate Attorney and a title company.

As the deal is closed, if there is money owed on the house, the payment from your ex will pay off the balance and title will transfer with the sale.

Verify with your attorney, but the only thing you should be signing is a sales contract created by YOUR attorney.
Web Reference: http://GailGladstone.com
1 vote Thank Flag Link Sat Sep 13, 2008
Colleen, do not do anything without your attorney involved.
Web Reference: http://GailGladstone.com
1 vote Thank Flag Link Sat Sep 13, 2008
Colleen
This sounds like an attorney matter. In California the is a process called escrow in which monies are held in a trust account pending the appropriate action taken by the parties involved.

You are receiving the money, your ex receives a deed to the property without your name.
There are third parties, in your case attorneys I believe, that take the role of intermediaries.

Ask questions until you are comfortable.
1 vote Thank Flag Link Sat Sep 13, 2008
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
Contact
Call your attorney to advise you before you sign anything. Is your name on the mortgage also? Good Luck.........
1 vote Thank Flag Link Sat Sep 13, 2008
This is a very serious transaction you should consult with an attorney for sound advice. You may want to consult a realestate attorney as well as your matrimonial lawyer. Good Luck.
Georgia Westcott
Broker/Owner
The Westcott Group Real Estate Company
17 Deer Park Ave
Babylon NY 11702
631-661-8888
0 votes Thank Flag Link Fri Sep 25, 2009
you should be able to sign this at closing where you will pick up your check. as well if there is a 3 day right of receission, maybe your attorney could draw up a form in case your husband changes his mind, then the deed change will not be valid. good luck Colleen
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Sun Sep 14, 2008
I am assuming that you are not using an attorney, which I may advise that you do. At the closing, title can be transferred and all appropriate documents can be transferred and endorsed.
0 votes Thank Flag Link Sun Sep 14, 2008
Colleen,

Your concern is a valid concern. You are correct in questioning the timing of this process.

This is indeed an issue that needs to be brought to the attention of your attorney.

Good luck,
The "Eckler Team"
0 votes Thank Flag Link Sat Sep 13, 2008
Call your attorney immediately. Don't sign anything until your attorney approves.
0 votes Thank Flag Link Sat Sep 13, 2008
No kidding, call your attorney now. No fooling around and no delay this is serious stuff.
0 votes Thank Flag Link Sat Sep 13, 2008
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