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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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My wife and I are original names on the deed of a house, because

Customer Question

My wife and I are original names on the deed of a house, because we are retired we couldn't benefit from property taxes we put our son's name on the deed of the house. Now he is not making payments on the property and it is going to be negative on our credit report. We can't afford to keep the house. What can we do? Property is in Maryland.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 2 years ago.
Hi, my name is ***** ***** I will do my very best to Answer your question
You stated that you had transferred title to the property to your son. If you did not receive any consideration (money or money's worth), then when you signed a deed which transferred title to your son, the gift was complete. Once a gift is complete, title vests in the grantee which, in this case was your son. At that point in time, the lender could have called in the entire mortgage loan because loan documents almost always contain a "Due on Sale" clause which means that if the property is transferred, then the entire amount of the loan becomes due and payable.
Once you transferred title to your son, the gift was complete. Had you and your son signed an Agreement that he would continue to have title to the property as long as he made the monthly payments which were due on the loan, then this transaction and gift would be "Executory" and not a completed gift. But, since no Agreement was signed by you and your son, the gift was complete when you signed the Deed over to your son and at which time he became the owner of the property, and I cannot see any legal basis for the Court to either Order the property sold, or have the property transferred back to you. If you had transferred title to your son, but kept your name on the title, that would have given you some room to maneuver. However, as it stands now, and from your facts, your son is the sole owner of the property and the only person who can decide what to do with the property.
The only avenue available to you is to buy the property and then trun around and sell it. Unfortunately, when the opportunity arises for you to buy the property, your son will have already defaulted on the Note and that reflects on your credit standing.
From the facts you have stated, there are no grounds on which you can take your son to Court and any lawyer that tells you otherwise will be lying to you and would only be looking to take your money, but deliver nothing in return.
Your only possible remedy is to ask your son what he wants, or what he is looking for to transfer the title back to you. If anybody tells you that you can force your son to transfer title back to you, they are lying to you. You made a gift of the house to your son. The gift was complete. A Grantor (the person making the gift) cannot demand the return of the gift.
I am so sorry that I am not able to give you the Answer that would favor your position, but I have an ethical obligation to give you only correct Answers and information, so please do not penalize me with a negative rating because of my correct Answer.
If there are other facts which you have not stated, please include them and I will reconsider my Answer,
_____________________________________________________________________
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,
If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,
Thank you for allowing me the opportunity to assist you,
ANDREA
Customer: replied 2 years ago.
There are three names on the Deed of the house. Mine, my wife's and my son's. Just the mortgage is on under his name. He does not want to give permission to sell the house. All we did was add his name to deed, and he financed it under his name. We still have our (mine and my wife's) names are ***** ***** deed. There were no money exchanged. We added his name on the deed so he could benefit taxes.
Customer: replied 2 years ago.
Please answer the question. Your initial respond was not relevant to question I posted. I replied to your answer, it has been over two days I have not heard from 'just answer.com' nor from Andrea
Thanks
Customer: replied 2 years ago.
Hi Andrea, it has been four days since our initial correspondence, I have not received straight answer from you, your initial (one and only reply) answer was not relevant to question I asked, I have been patient enough and giving you the benefit of daught. You are not living me much option to cancel my subscription and inform American Express regarding charges.
Expert:  Andrea, Esq. replied 2 years ago.
If all three names are ***** ***** deed (Yours, your wife's name and your son's name), if your son refuses to put the house up for sale and also refuses to make the payments on the mortgage, then you should file a Petition with the Court in which you would recite the facts as to whose name is ***** ***** on the Deed and that your son does not consent to putting the house up for sale, and ask the Court to enter an Order, forcing the sale of the property.

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