Getting husband off of the deed ?

Mel53H · #1 Oct 17, 2007, 03:17 PM

My husband is in a nursing home and was found incapacitated by the courts, so I am his legal guardian. I wanted to refinance and can't, because my husband is on the deed. How do I go about getting him off of the deed? In case you are wondering, he is unable to sign anything because he is incapacitated and I don't have power of attorney.

Mel53H · Oct 17, 2007, 06:29 PM

Strange, because every institution has turned me down because my husband is unable to sign his name.

hmcglynn · Oct 17, 2007, 07:04 PM

I'm a Title Agent in Florida..... If I were you depending on the state that you live in I would go to a title company or a Real Estate Attorney so that the can prepare a Quit Claim Deed to put the house in just your name. I would NOT recommend doing this yourself because if the deed is not worded properly or signed properly according to the Title Co. or Real Estate Attorney they will not issue a Title Policy and nd will make you redo it again. So to beat that hassle just walk into a Title Co or Real estate attorneys office and either they will set and appointment for you to come back or they will go ahead and speak with you on the spot. I always had walk ins that I just answered questions for or prepared deeds for... some companies might want to charge more than others but the sooner you get that deed recorded the easier it will be to refinance..
A lot of lenders these days try to go around getting title searches done first... they will do one themselves so what they see is a deed in you and your husbands name and they cant do anything with that. If this was a local bank they would've already sent the request for a search and title commitment the outside lenders dont like the hassle because if you dont get approved they usually eat the title search fee.

I hope I helped out a little.

Thanks

Mel53H · Oct 18, 2007, 10:29 PM

Thanks!

Mel53H · Oct 25, 2007, 04:11 PM

Don't have to worry about getting husband off the deed. He passed away October 23. I am in shock...

hmcglynn · Oct 27, 2007, 07:06 AM

Sorry to hear about him passing

Make sure you bring the Death Certificate to the closing or just have it recorded in you county before you refianance. Good Luck



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