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We have been paying my son's mortgage payments. He is a

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We have been paying...

We have been paying my son's mortgage payments. He is a gambler. The loan he took was $180,000. We have been paying about $12,000 a year for his mortgage for the past nine years. The balance of the mortgage is still $130,000. He still owes the Shire rates and water rates. Is there any way that we can transfer a part of the property into our names ? Please advise.

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

The property is in WA

Lawyer's Assistant: Has any paperwork been filed?

We have no written contract regarding our payments.

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

We are desperate as h e has gambled over $100,000 With withdrawals from the account.

Submitted: 10 months ago.Category: Legal
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Answered in 2 minutes by:
10/6/2017
Lawyer: Loren, Attorney replied 10 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,313
Experience: 30 years experience representing clients.
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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 5 star 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.
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Lawyer: Loren, Attorney replied 10 months ago
What are you trying to acheive by having the property placed in your name?
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Customer reply replied 10 months ago
we have no way of getting back the money we have spent on his property. We would like to leave the proceeds of that section of the property to our grandchildren. We have temporally stopped payment of the mortgage until we resolve this issue.
Lawyer: Loren, Attorney replied 10 months ago
Thank you for the additional information. I am typing out the answer and it will post shortly.
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Lawyer: Loren, Attorney replied 10 months ago
I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, without the consent or a partial release from the lender, any transfer tomyou would remain subject to the existing mortgage. So, if the lender were to foreclose, you would lose your interest.
Additionally, almost all mortgages have a due on transfer clause. That means that any transfer to you could trigger a demand from the lender that the loan be paid in full immediately.
I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels.
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Lawyer: Loren, Attorney replied 10 months ago
Did you have further questions? Please let m know if I have answered your question.
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