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My Son and I are on our mortgage together! We have 6 years…

My Son and I...

My Son and I are on our mortgage together! We have 6 years left to completion! My Son is getting married and his fiancé want him off the mortgage! He is my heir and will inherit my share of when I pass! What should I do?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Nevada

Lawyer's Assistant: What documents or supporting evidence do you have?

We financed through the credit union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My Wife bought back half of My Son’s 50% ownership, meaning I now own 50%, my Son and my Wife (not his mother) own 25% each!

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Answered in 1 minute by:
3/11/2018
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 37,368
Experience: 30 years experience in the practice of estate law.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Will your son agree to execute a quitclaim deed to you?

Will the lender consent to a change in title or, in the alternative, can you refinance and use the proceeds from the new loan to pay off the existing mortgage?

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Customer reply replied 1 month ago
I don’t want to refinance, my Son would quit claim to me as he will be my only heir!
Customer reply replied 1 month ago
No, for now just text
Customer reply replied 1 month ago
I’m a senior on a fixed income

You may get an offer for a phone call at an extra charge. That offer is not being made by me (the site makes it automatically) and you are not required to accept it to proceed. I am happy to continue online with you.

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Thank you for the additional information. Give me a moment to type an answer. It will post shortly.

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Customer reply replied 1 month ago
No text please
Customer reply replied 1 month ago
We’re on a fixed income, 74 and 78

Virtually all mortgages contain a due on transfer clause. That means that any transfer in title, unless consented to by the lender, could trigger the lender to call in the entire loan for repayment.

That does not mean it can not be done, but you will need the permission of the lender to avoid a problem.

Also, merely changing the title will not take your son off the mortgage because he signed a note with the lender.

So, for him to be taken off the loan, you will need a release form the lender or, in the alternative, you would need to refinance in your own name to repay the existing loan.

Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 1 month ago
Thank you

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 37,368
Experience: 30 years experience in the practice of estate law.
Verified
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Loren
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 37,368
37,368 Satisfied Customers
Experience: 30 years experience in the practice of estate law.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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