You can't remove the name of a responsible party from a loan note they signed. The loan was granted under certain circumstances and based on the qualifications of those who signed, therefore a signer can not be taken off. The loan must be refinanced and the new signer or signers must qualify.
The deed to the home is separate from the loan, and as long as all legal owners sign off, you can add and subtract people however you see fit using a Grant Deed that is recorded with the county. Most mortgage documents (loan note and deed of trust) prohibit changes in ownership without the written permission of the bank, so check your documents carefully before making any changes.
No.No.No.No.
By refinancing the loan in your own name.
no
By definition a mortgage is secured on the deeds of the house. They will have the deed (or officially have their name legally registered for the property) if they have given you a mortgage.
no, it is illegal both on the house - both have to sign one can sign a quick claim deed and then the other can refi the house? no, it is illegal both on the house - both have to sign one can sign a quick claim deed and then the other can refi the house?
No.No.No.No.
By refinancing the loan in your own name.
You can't. The only way to remove her from the property is to buy her interest. She must execute a deed conveying her interest to you. Until then she is a half owner and has the right to the use and possession of the whole property. It would be wise to make an offer of cash for her deed in order to clear the title.
no
It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name. It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name. It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name. It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name.
By definition a mortgage is secured on the deeds of the house. They will have the deed (or officially have their name legally registered for the property) if they have given you a mortgage.
Yes
The original deed of trust contains the names of both husband and wife. This is a Joint Tenancy Deed ... no changes can be made without the consent of both parties, and that includes refinancing. One or the other spouses will need to "buy out" the other's interest and gain sole ownership before attempting this.
This means that the escrow paid off the first trust deed using the money from a refinancing. The cancellation of deed to secure debt occurs if a person refinances their mortgage.
no, it is illegal both on the house - both have to sign one can sign a quick claim deed and then the other can refi the house? no, it is illegal both on the house - both have to sign one can sign a quick claim deed and then the other can refi the house?
You can't remove your name from a deed. After the foreclosure sale a foreclosure deed will be recorded from the lender to the new owner. Your deed will remain on record as part of the record history of the property.
You cannot take a living person's real property without their consent. The only way to transfer ownership is for the owner to convey their interest by a deed.