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Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
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Experience:  25 years experience
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I live in NYS. I put my sisters name on the deed to my house.

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I live in NYS. I put my sister's name on the deed to my house. She is a UK resident & citizen. I now want to take her name off as I want to take advantage of low mortgage rates & remortgage my property. What would be the best way of going about this without her having to come over here to sign whatever documentation has to be signed? Also can it be done without her having to go all the way to London to the US Embassy or Consulate Office?
Dear JACUSTOMER - There should be no problem in handling this by overnight mail and your lender should accept a UK notary. Some lenders have different requirements so I cannot guarantee what they will accept but long distance real estate transactions are done every day so it shouldn't be a problem. I would strongly suggest that you have all the documents prepared by a local real estate title company as they handle these types of transactions for closings on a regular basis. I assume your sister is agreeable to signing the deed as that is definitely a requirement in order to transfer her interest.
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Customer: replied 3 years ago.
My sister is very agreeable to having her name removed. I spoke to my atty who spoke to an abstract co. Whoever he spoke to told him she has to sign the documentation @ the US embassy or Consulate in London. That just does not sound correct to me as with all the foreign real estate transactions that actually take place I can't believe that in order to do these kind of transfers it has to be in front of embassy or consular people. Should I work with an atty who specialises in real estate transactions? Thanks for your help
I agree it doesn't sound right but as I said above the lenders differ as to their requirements and it may be that the lender will require a US Notary so that would be at an embassy or consulate. If that's what they want to have the title clear then that's probably what you will have to do. Your attorney is probably not going to get them to change their mind but you can try.
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