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sweemadam · Aug 9, 2008, 07:32 AM

I would like to know if my daughter finance my home and I'm making mortgage pmt, is she capable of dropping my name from the home owner deed from the court house?

excon · Aug 9, 2008, 07:43 AM

Hello swee:

I think you better tell us a little bit more... Of course, if she's the holder of your mortgage, she can drop your name from the mortgage... But, she can't take you off the deed.

If she's doing that, tell us how she's doing it and why.

excon

sweemadam · Aug 9, 2008, 07:55 AM

She is my daughter and why she wants to take me off from the deed, is because I'm been very picky about the house and I'm going to live there with my niece and husband and we are going to continue to pay the mortgage pmt.

JudyKayTee · Aug 9, 2008, 07:57 AM

Originally Posted by sweemadam

i would like to know if my daughter finance my home and im making mortgage pmt, is she capable of dropping my name from the home owner deed from the court house?

As Excon said - need more info. Are you on the mortgage or is it in her name alone? In this economy I would be stunned if the mortgage company/bank allowed her to drop the name and responsibility of the co-signer. She would need to get a new mortgage in her name alone which I doubt the bank would allow if both of your names are on the deed.

How is the property deeded? Both names? Her name? If you are both on the deed in "most" cases she could not just change the deed to her name alone.

Need a little more info -

sweemadam · Aug 9, 2008, 08:05 AM

No, not on the mortgage ONLY on the DEED. Can I be removed from the Deed?

excon · Aug 9, 2008, 08:10 AM

Originally Posted by sweemadam

No, not on the mortgage ONLY on the DEED. Can I be removed from the Deed?

Hello again, swee:

No. But, you STILL need to tell us more. Why is your daughter even involved here?? Is SHE the mortgage holder?? If you don't fill us in on the details, you can't rely on anything we say, because we're just guessing based on the limited information you provided.

excon

sweemadam · Aug 9, 2008, 08:42 AM

Hello and thank you for your immedicate response to my questions

My daughter is involved because she fianance the mortgage solely. I was added to the DEED only.

JudyKayTee · Aug 9, 2008, 08:43 AM

Originally Posted by sweemadam

Hello and thank you for your immedicate response to my questions

My daughter is involved because she fianance the mortgage solely. I was added to the DEED only.

Depending on how the property is titled - the names on the Deed - no, she cannot just drop you off the Deed but there are restrictions and how the Deed is written is important.

froggy7 · Aug 9, 2008, 08:51 AM

I'm confused by one thing. A mortgage is a loan secured by the house. If her name's not on the deed, how can she be using the house as the collateral for the loan? Or does the mortgage company get to put a lien on it even if she is not the owner?

sweemadam · Aug 9, 2008, 10:23 AM

Lets start all over again, In Texas Houston

My daughter purchase the house from my ex-boyfriend with the intentions I would be living in the house with my very ill boyfriend (heart condition). My ex boyfriend nephew (real state) attny from Chicago wrote a note stating he was capable to purchase house back at same loan amt. Since he threw me out of the house because he was making the pmts, I had to leave. Now the lease contract expired as of the month of July 08 and I want access to the house and ex boyfriend is stating he is protected by law not to leave

JudyKayTee · Aug 9, 2008, 12:12 PM

Originally Posted by sweemadam

Lets start all over again, In Texas Houston

My daughter purchase the house from my ex-boyfriend with the intentions I would be living in the house with my very ill boyfriend (heart condition). My ex boyfriend nephew (real state) attny from Chicago wrote a note stating he was capable to purchase house back at same loan amt. Since he threw me out of the house becuz he was making the pmts, I had to leave. Now the lease contract expired as of the month of July 08 and I want access to the house and ex boyfriend is stating he is protected by law not to leave

I'm still not sure I understand the Deed part but the only document that really matters is the Deed. Whose name is on the Deed?

A "note" that you would be able to purchase the house back at the same loan amount is not binding, as far as I know.

So your daughter is the owner, you and your ex-boyfriend had a lease with her to live in the house, you left, the lease expired and your ex-boyfriend won't leave?

The name on the Deed is the owner of the house - it doesn't matter who is making the mortgage payments. If your daughter wants him out, she can evict him - he's overstayed the lease.

Is that the question?

sweemadam · Aug 9, 2008, 01:03 PM

Thank you

Its hard to word it right but yes I'm also on the deed document. I still don't know what binding means.

As far as to the typed note from chicago atty, I do not want to sell it back to him. Do I have too?

JudyKayTee · Aug 9, 2008, 02:11 PM

Originally Posted by sweemadam

Thank you

its hard to word it right but yes im also on the deed document. i still dont know what binding means.

As far as to the typed note from chicago atty, I do not want to sell it back to him. Do I have too?

If you are on the Deed you are a part owner and no one can change that but you - by Deeding the property to someone else, with the knowledge and consent of the mortgage company if they will give it.

I don't know how legal the typed note is. Is it a contract? Was the purchase somehow contingent (which means did the purchase depend upon) the typed note?

I think we're starting to understand each other, which is a very good thing.

Bottom line - no one can Deed away your share in property if you are on the Deed but you.

OK?