Obtain lender approval
If your lender wants to, they have the power to remove someone's name from the mortgage without needing to refinance.
If the mortgage had a co-signer, the surviving borrower must continue making payments. If the house has been bequeathed to a beneficiary, they must continue making payments or sell the house.
You cannot remove someone from a mortgage. Because the lender will not willingly give up the possibility of having a person to come after for payments. You will need to refinance it, pay it off outright, or sell it all together. The more important issue is: is he on the deed/title?
If you wish to remove someone from a deed, you will need their consent. This can be done by recording a new deed, which will require their signature. If the person in question is deceased, you will need their death certificate and a notarized affidavit along with the new deed.
Yes, removing a name from a mortgage typically incurs costs. Refinancing usually requires closing costs of 2-5% of the loan balance, while a loan assumption may cost around 1% plus processing fees. Loan modification costs vary by lender.
Miller & Starr, the leading treatise on California real estate, explains that: “As between the cotenants, each has the right to enter on and to occupy the entire property, and no cotenant has the right to exclude another cotenant from any portion of the property.” Right to possession, 4 Cal. Real Est. (4th ed.)
The price to eliminate names from deeds is contingent on many factors like where you live, the legal fees, and the difficulty of the procedure. Generally, it could vary from one hundred to a few thousand dollars. If both parties agree on the removal and there are no legal complications, the cost might be lower.
In general, you need your spouse's consent to remove them from a joint account. In most cases, either state law or the terms of the account prevent someone from removing the other person from a joint checking account without their consent. Some banks, though, may offer accounts where they allow this type of removal.
In many cases, the spouse can inherit your house even if their name was not on the deed. This is because of how the probate process works. When someone dies intestate, their surviving spouse is the first one who gets a chance to file a petition with the court that would initiate administration of the estate.
There is no set time for when a house needs to be cleared. It is the responsibility of the deceased's family to ensure all items are removed from the property. Once this is done, the house can be sold, with the proceeds then being distributed to all designated heirs.
No, a mortgage can't remain under a deceased person's name. When the borrower passes away, the loan won't disappear. Instead, it needs to be paid. After the borrower passes, the responsibility for the mortgage payments immediately falls on the borrower's estate or heirs.
You can take over someone else's mortgage using an assumable mortgage. Assumable mortgages are a great way to get into a home if you're looking to buy or sell, or even just do some property flipping.
Selling a property with your name on the deed but not on the mortgage creates added levels of complexity and requires more collaboration with third parties. However, you can achieve a successful sale with careful planning and the right support.
You can take legal action against them for breaching the agreement you both made or seek a court order to force the sale of the property. It's important to consult with a lawyer to understand your legal rights and options and to make the best decisions for your situation.
Removing a cosigner or co-borrower from a mortgage almost always requires paying off the loan in full or refinancing by getting a new loan in your own name. Under rare circumstances, though, the lender may allow you to take over an existing mortgage from your other signer.
Co-ownership might entail more complex legal agreements, specifically outlining each party's rights and responsibilities. Joint property ownership usually involves a simpler, more standardised agreement.
You can't switch a joint account into a sole account until the second party has been removed from the account.
Typically, removing a name from a mortgage could require you to pay off the loan in full or refinance it with a new loan. But, there are alternatives where you can take over the loan without paying off it off or refinancing. These could include mortgage assumption, loan modification and bankruptcy.
They are on the deed, and thus have legal title rights to the property. They are not on the mortgage, however, and are technically not liable for paying the mortgage. This is a unique but all too uncommon circumstance, and seeking legal advice regarding financial protections is not a bad idea.
A few hundred dollars if you hire an attorney to write the quit claim deed for you and all parties agree. Thousands of dollars if the divorce party does not agree and you need an attorney to work through those issues.
The property must be sold by all owners together. ALSO READ What Is Joint Tenancy With Right of Survivorship in California? However, in a tenancy in common, one owner can sell their share of the property without the consent of the other owner(s). This sale does not affect the ownership rights of the other owner(s).
You will need to give her a written notice to leave and she is not on the lease it would be considered a month to month so yes a 30 day notice is in order. If she does not leave you will have to file an eviction suit in court in order to remove her. You just cannot kick her out or change the locks.