Home Buying in Antioch>Question Details

Lonetree, Home Buyer in Antioch, CA

during escrow if i'm not on the loan can my name be added on the deed title?

Asked by Lonetree, Antioch, CA Thu Apr 12, 2012

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The answer to your question is still the same. It depends on the lender. The questions you are asking would need to be directed to the lender. There is no way as Realtors that we can answer that, especially since we were not involved in the transaction. I am very sorry that what you thought was going to be done was not, please don't get me wrong. I hope you can get some kind of resolution to this problem so that you can find happiness in your new home.
1 vote Thank Flag Link Fri Apr 13, 2012
LoneTree, Neil gave you a good response. Both of his points are valid. For clarification, consult an attorney. If the alienation clause doesn't exist, have your name added to title if you wish. It may not have been done the way you wanted it to be during the escrow process, but since that is complete now, you can still make it right yourselves.
1 vote Thank Flag Link Fri Apr 13, 2012
I agree with Jennifer, some Lenders may object to adding an additional name on title. An easier way would be to add the name after close of escrow. All you need to do is to create and notarize a grant deed adding your name in addition to the buyer as a grantee. Then send it to the clerk recorder with a recording fee check.
Neil is right, in theory the alienation clause may kick in, but I have not seen that happen. Although of course, it can always occur. You may want to pose this question to a real estate attorney on http://www.lawguru.com
1 vote Thank Flag Link Thu Apr 12, 2012
Also be careful if you add yourself AFTER close of escrow. It is rare but some lenders write a clause into their note terms that would make the entire loan amount due and payable immediately upon ANY "change of ownership". This is called an alienation clause. Again, this is very rare. But as stated by everybody below, the very best route to take is to ask the lender. The worst they could say is no. If they say no that you cant do it DURING escrow then read the term of the note carefully or have an attorney review it and see if there are any alienation clauses. Even if they won't let you do it during escrow you may still able to do if afterward. Many people do it this way.

Also, as you can see most realtors are trained to give you the standard response of "I can't give you that advice, only an attorney can give that advice". It is true that Realtors can't give you legal advice. But I can tell you what the laws and rules are in most cases. I just can't tell you if they absolutely will apply to you or if it is the best thing for you to do. So, anytime you or anybody else you know has one of these questions you are welcome to contact me. I'll give you an answer. Then you or an attorney can decide if it applies to you or is best for you. Take Care
1 vote Thank Flag Link Thu Apr 12, 2012
Thank you so much for your helpful information. When this all began an it was noted that I the fiance would not be on the loan but on the title as that's what was told to me by the lender and in front of my fiance, I was surprised that I didn't have to sing anything at the time of the closing. I am very hurt at the fact that I was told that I was not added to the title and the realitor told me if not adding salt to the wound that if my fiance and I do get married and if HE chooses to add me to the title it can be done at that time. Funny how everyone was ok with me giving money for the down payment and signing a gift letter but my name is no where on the title.
Flag Thu Apr 12, 2012
Hello,
Thanks for your question. The answer is: It depends. You need to ask the lender that is doing the loan for you. Some lenders allow a spouse to be added to the deed title during escrow but you would need to check directly with them. You can add a person to title after the close of escrow on your own if you wish.

If I can be of any further assistance, please feel free to call or email.

Jennifer Romiti
925-200-0453
http://www.TeamRomiti.com
1 vote Thank Flag Link Thu Apr 12, 2012
Hello Lonetree,

Im sorry you went through such an ordeal but if you can talk to your fiance, you may be able to get him to sign a grant deed which he can give you half of the property..or a quit-claim. I know you feel slighted but there are still options. I hope everything works out for you.


Please feel free to call or email me if you or somone you know is interested in selling or buying :)
0 votes Thank Flag Link Wed Apr 18, 2012
Well if anyone is following this, this is the latest. The lendor want me to PLEASE call him as he knows how Pisses and upset I am about the who situation and the realitor just left me a message that i'm not going to bother to listen to. I guess they are all try to do damage control.
0 votes Thank Flag Link Fri Apr 13, 2012
Well just got the email that the house sucessfully recorded. Congrats to him the new home owner!
0 votes Thank Flag Link Fri Apr 13, 2012
Thanks again to everyone who posted to my question. Bottom line I feel I got the wool pulled from under my feet and everyone seems to see it's no big deal but me. The lender never answerd me back as to why I wasn't added, the relitor said if my fiance and I decide to go fowarad and get married if he then "Chooses" he can add me and for my fiance like always he plays the victum and never sees my point of view. Well what is done is done and in my eyes there is no resolution, the damage is done.
0 votes Thank Flag Link Fri Apr 13, 2012
So If the alienation clause doesn't exist my name could have been added at the time of escrow? I know it could be added after, everyone has said it could be done after and I get that part. I just want to know what is the reason why it wasn't added at the time of escrow. It's not that it wasn't done how I wanted it to its the point that it was discussed that my name would be on the title and not the loan bottom line. Never was I told, we can add it after that there is a rule that NO WAY it can be added during escrow that there is an alienation clause ect. Never was I told that it can not be done so that is why I'm hurt, upset ect at the fact that this house does not feel like mine. It has made me feel like I will be a tenant.
0 votes Thank Flag Link Fri Apr 13, 2012
I just want to know that if the lender allowes it that my name could have been on it. It's a horrible feeling right now knowing that I paid for the inspection and the pest inspection and I pulled out of my 401k for the down and my name was never ont it from the beging. On one of the papers it has my fiances name as the borrower and in another box it said the title should be held in and it was filled in with "to be determined in escrow". I have no excitement in me about this what should be the happiest time of my life.
0 votes Thank Flag Link Fri Apr 13, 2012
So bottom line, if were unmarried, engaged, I put my 401k money for the down and if the lender allows it, my name could have been on the title? I may not be seeing it but I have not got the impression that if your NOT on the loan that 100% you can not be on the title? that this is never done at all.
0 votes Thank Flag Link Fri Apr 13, 2012
LonTree,

The answer to this question is the same as the answer to your first question. It all depends on if the lender will allow it. And there is a very good chance that you can add yourself AFTER close of escrow. Just be sure to look for that alienation clause.

On a side note. If you are currently married, based on CA family law, there is a strong chance that the property is already considered community property because you acquired it while you were married. Especially if you have a paper trail showing that you took money from your 401k. Even if you are not on title or on the loan but it was your money that was put in to acquiring it then it might be community property. This is an area that I am not an expert at so in this case I would give you one of those "consult an attorney" answers. But I don't think your position in the situation is as weak as you think it is.
0 votes Thank Flag Link Fri Apr 13, 2012
Here is another question? can as a married couple the husband be on only the lone and the wife who is a hommaker with no job be added to the title at the time of siging? Everyone keeps telling me that my name could have been added to the title without being on the loan. I email the lender and asked him why my name wasn't added and his email to me was that "he'll look into it" well he never responded back to me.
0 votes Thank Flag Link Fri Apr 13, 2012
LoneTree, Terribly sorry to hear about your bad experience. I can't speak for sure as to why the realtor and lender ignored your questions. Or based on what you have said here it sounds like they glazed it over with pacification. This is an excellent example that if you are uncertain about an answer or it doesn't sound right or it is not a satisfactory answer then always get a second opinion from somebody outside the situation that has nothing to gain from the situation. Of course make sure that person is a real estate professional. And ALWAYS get some sort of commitment in some form of writing. The vast majority of the people working in this industry are smart and trustworthy but you never hear about those people. It is always the shady or poorly trained realtors that we hear the horror stories about. It is very sad to say but not all realtors know what they are doing and some are flat out not trustworthy.

Always get it in writing and if you can't then that should be a big red flag.
0 votes Thank Flag Link Thu Apr 12, 2012
Thank you to everyone who posted an answer but it's a little too late to make the situation any better. It was known from the beginning that my name wouldn't be on the Loan but WOULD be on the Title. The lender, myself and my fiance were all in on the conversation and the Realtor knew as well that that is how we wanted it. No one at any time told me that it would not be added. Well it was funded today and the keys will be given tomorrow.
All this time I've been waiting to sign my name to the title and the kick to my stomach today was that i'm not on it. It's funny how this wasn't told to me but no one had an issue with me taking money out of MY 401k to put towards the down payment and having me sign a gift letter.
I asked the relitor about why wasnt I added or was this just missed and her answer to me was adding salt to my wound, she said if my fiance and I decide to get married the if HE chooses he can have me added at that time "if he chooses" I felt like I got kicked in the stomach, she then asked me if I was excited about the house and I know she could hear in my voice the fake words of me saying "yes". This has been the most hurtful experience. Oh and I asked the lender as well as to why I wasn't added and his email response was "let me look into it" if he knew I wasn't gong to be added, what is there to look into. Thank you all again for posting your answers, Life goes on.....
0 votes Thank Flag Link Thu Apr 12, 2012
Yes it can, depending pn the lender. If not during the loan it can be added right after close
0 votes Thank Flag Link Thu Apr 12, 2012
The only way you can really know for sure is to check with your lender or escrow officer. Most of the time they will know of some way to work with you to get what you want done. However, as Mr. Lawler below says, as Realtors, we can't really give you any advice on title/loan matters.

Good luck to you.

Isiah Youngblood, Realtor®
RealtySouth - Trussville, AL
iy1776@hotmail.com
0 votes Thank Flag Link Thu Apr 12, 2012
This would be a question for the escrow officer. He/she will be able to explain how this can be done (as Realtors, we cannot advise on title issues).

Craig Lawler
0 votes Thank Flag Link Thu Apr 12, 2012
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