Saturday, December 5, 2009

Hello myself and my partner have a joint mortgage but he wants to sign over to me, how does this work?

It's called a quick claim deed. Check with your county recorders office on how to proceed. I think you can print the forms on-line... If not, they will send them to you. It's a pretty simple process...Hello myself and my partner have a joint mortgage but he wants to sign over to me, how does this work?
It depends where you stay - everywhere has different legal procedures. First of all, if you are splitting up, you would really need some kind of Separation Agreement or the like. Also, if the mortgage is going to be in your name alone, the title to the property should also be transferred to your name alone. In either event, the mortgage company would have to agree to this. Your best bet is to consult with a solicitor in the first instance.Hello myself and my partner have a joint mortgage but he wants to sign over to me, how does this work?
I am not sure whether you are from the UK or the US - in the UK this could only be sanctioned by the mortgage company who would need to be satisfied that you alone could manage the mortgage payments. The property will be in both your names (as registered at the Land Registry) and that will have to change if your partner dips out of the mortgage - this is a crucial point and one definitely not to be overlooked. You really must consult a solicitor - not least because your partner becomes your tenant and that in itself could present problems.
You're going to have to discuss this with the mortgage company and see what their rules and regulations are. You may not qualify for the mortgage loan on your own. He can always convey his interest to you in a Warranty Deed - but the mortgage company can still hold him personally liable for the loan too.
It is a Quit Claim Deed. He ';quits'; or stops his claim to ownership.





As the real estate laws vary by state, I would recommend getting the advice of a practicing professional in your state. It also might be important to consider the state of the relationship and why the ownership is being signed over. There are some issues that could come back to make trouble if all issues are not properly tended.





It is not worth saving a few dollars if it comes back to haunt you later.





';Don't be pennywise and pound foolish'; is an old phrase that comes to mind.
Be wary. If by signing it over means you will be solely responsible for the payments make sure you can afford it, and be especially careful if your partner suggests you make a cash payment to him/her. At the very least consult a solicitor.
Your lender, Bank probably, can do that for you. Be careful. If you cannot afford to make the payments ALL BY YOURSELF, you could get into a lot more obligation than you are prepared for. The bank will likely check your income, financial obligations, credit rating be4 they sign over COMPLETELY in your name.......

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