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John Legal
John Legal, Attorney
Category: Legal
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Experience:  Over 15 years legal experience.
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Need to get the taxes on my home put in my name the mortgage

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Need to get the taxes on my home put in my name the mortgage is in my Nephews name
Welcome! Thank you for your question.

Who's name is XXXXX XXXXX deed to the home? Is it in your nephew's name? Your name? or both?

The only way we can answer the question is to have a clear understanding of the ownership listed on the deed to the property.


Customer: replied 3 years ago.

This is what we are trying to figure out the mortgage is in my nephews name thru the bank but I am paying the Mortgage thru his name but do we need a DEED to transfer it into my name for tax purposes


If the mortgage is in your nephew's name and you are paying the mortgage then you are essentially paying for your nephew's home. You do not have a legal right to own the home if your nephew does not want to voluntarily give you the right. If he is the only one on the deed it does not matter who is making the payments.

The only way you have a legal right to the home is for him to quitclaim to you the property. However, he cannot quitclaim to you the home unless he get permission from the Mortgage company. The mortgage company has a due on sale clause on the mortgage. This means if the home is transferred then the mortgage company can demand payment of the entire mortgage immediately. The only way to transfer the property and avoid the due on sale is to get permission from the mortgage company.

Once the property has been quitclaimed to your name the taxes will be in your name as well.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Customer: replied 3 years ago.

Can we put a deed in my name or how much legal will I need to go thru to get the quitclaim or deed done? It is a local bank and are trying to work with us but do not know exactly how to get this done


You are going to get a real estate attorney in your area to draft a "quitclaim deed." That is the type of deed that will put the ownership of the property in your name. It is good that the bank will work with you because that is the hardest part. This type of deed will likely be a few hundred dollars.

Here is a list of residential real estate attorneys in New Mexico:
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