deceased mother had mortgage in her name alone. boyfriend managed right before her death to have her add his

Asked by Huntchay, Orange County, VA Tue Aug 11, 2009

name to the deed. home has gone in to foreclosure but has been placed on foreclosure hold due to title issues. if i want to assume the loan how do i get his name removed from deed? he has abandoned the property. can the mortgage company foreclose if someone else's name is on the deed?

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Jan Nichols’ answer
Jan Nichols, , Nashville, TN
Wed Aug 12, 2009
As everyone else has said below it is essential that you seek a Real Estate attorney as soon as possible. There are many things that an attorney can ask you point blank that he/she can determine right away that can help or hurt your case just from a brief phone conversation or in-office consultation. Hope you are able to get this resolved. Take care.
0 votes
Linda Kenney, Agent, Mount Airy, MD
Wed Aug 12, 2009
I'm over here in Maryland...same legal advise as soon as possible.
0 votes
Karen M. Ris…, Agent, Mount Dora, FL
Wed Aug 12, 2009
The only correct answer as Craig stated is to find a Real Estate Attorney... and quickly
0 votes
Keith Manson-…, , Milwaukee, WI
Wed Aug 12, 2009
The only way to clear up the deed issue is by getting the person to transfer the ownership to you. This is usually done by having thier interest quick claimed to you through a quick claim deed. However, the bank is not going to look at the deed when foreclosing as much as the mortgage and note. The mortgage is what the bank is sueing on, not the deed. However, the title issue that they may have is the boy friend on the deed. Before jumping in on assuming this loan I would have the title checked to see what has forced the bank to place the foreclosure on hold. Then the next thing you need to consider is it worth assuming the loan. To assume the loan you would have to bring the loan current and pay all outstanding fees. If after all this research I would suggest to get an attorney involved to ensure you protect your self.

Keith Manson
First Weber Group
Certified Distressed Property Expert
0 votes
Craig Ballha…, , Boise, ID
Tue Aug 11, 2009
You need to seek legal advice from an attorney and no one else. You can start with you local dept of finance or local housing authority. Before you make things worse. know your rights and know what you are getting into. If there is no equity in the house and you don't have the ability to catch up the mortgage, the house is probably not worth saving. Just a thought.
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