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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11364
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in New York my son is 17 s name is on the title of

Customer Question

Hi i live in New York my son is 17 his name is ***** ***** title of our home.I have 3 sons I also a will.My home is paid off so i went to get a mortgage when they did a title search because of his age I can not get the mortgage.what can I do
Submitted: 4 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 4 months ago.

Good morning. Can you share with me how his name got on title? Did you add him?

Customer: replied 4 months ago.
no this will do. bad advice when i spoke to a lawyer he said because i have a will it was not necessary
Customer: replied 4 months ago.
now i need tom remove his name from the title
Expert:  FamilyAnswer replied 4 months ago.

So you added him to title yourself?

Customer: replied 4 months ago.
No i had the lawyer who did the will he he add his name to the title Because at time he was only 10 so i thought it was a good idea at that time
Customer: replied 4 months ago.
I need to re move his name.The mortgage has been approved
Expert:  FamilyAnswer replied 4 months ago.

Thank you. Since he is on title, he has a legal right and ownership in the property. Even though you added him, you can not simply just take it away and make him sign, since he would be giving up and losing something of value, at this time. After all, the home is paid in full, so he has shared ownership with you. Changing the will is easy but simply taking him off title and taking away his ownership right, is not. At this point, you need to go back to the attorney who advised you of this and speak with them about correcting this, as it may need court action. The reason why I say this is because it would appear to create a conflict of interest, if you as the parent tell him to sign something and give away his share of the home, which he can not be forced to do. The lender is right, that he needs to sign off and he can not do that on his own, until he is 18. If you can not and do not want to wait, then you may need to proceed through the court and have a third party appointed to represent his legal interest and to act upon his behalf. I know it is not ideal but if the attorney told you to do this previously, it may have been done to avoid issues down the road, not thinking about you now wanting to refinance and take money out, with I'm on title.

Expert:  FamilyAnswer replied 4 months ago.

Do you have any other questions or concerns? I am here to help so please let me know

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