Question by biggdogg: How does my Mom get her mortgage out of my brothers name and quitclaim her house to me?
My mom refinanced her house 8 years ago and my brother talked her into putting the loan in his name. My brother is now estranged from the family and my mom wants to have me quitclaim the house from her. The deed is in her name solely but the mortgage is in my brothers name. He doesn’t live there and he has never made a single payment. My mom and I make the payments.
Thanks In Advance!
Answer by Tony H
Since it in your brothers name, he will have to be there, and sign it over to you and your mother.
Know better? Leave your own answer in the comments!
If possible, you should go for a mutual consent and get it cleared. Otherwise, you should explore some legal options. But, you should prove that your mom has paid the dues so far. The webguide on mortgage http://mortgagehelp.assistancecenter.info has highly useful info. You can get all your doubts clarified from the site. Check it out. Good luck!
Listen to the people on here telling you to get a lawyer – fast! One cautionary thing about “quitclaims”. My daughter quitclaimed my son’s house (with his consent). After about two years, alot of my son’s debts surfaced through a collection agency and liens were put onto the house (which my daughter then owned). They eventually had to sell the house to settle everything. I’d steer away from quitclaims if you can. But more importantly, get a lawyer and take his advice.
If the title is in your mothers name, he cannot claim the house. The title is what shows ownership. He may stake a claim that the mortgage was in his name for 8 years, claim that he had been responsible for the payments….need to document where the payments came from through deposits and checks written to pay the mortgage. I don’t think that the brother needs to be there as there will be nothing for him to sign at settlement. A check will be issued to pay off the current mortgage and he will no longer be attached in any way.
If your brother is on the loan, he was quitclaimed on at that time. She will have to refinance again and have him quitclaimed off. Unfortunately, he will have to be a willing participant. Otherwise, get a lawyer.
There is some good and bad advice here.
You really need to talk to an attorney about the safest way to go about separating the property from your brother. Everyone likes the quitclaim deed because it is quick and painless, but its effectiveness to quiet a claim against a property can vary. RE attorneys deal with these situations all the time, it will be money well spent to get legal advice on the best way to handle this.
Sounds like a family feud is brewing, good luck. The above answers are all good, so no need to repeat.