Legal Question in Real Estate Law in Arizona

I have the deed to my house in my name, but the mortagage is still in my ex's name. I was wondering if I have a time limit for switching the mortgage in to my name? Also, will the deed fall back into his name if I can't switch the mortage in time?


Asked on 2/25/13, 9:06 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

If the TITLE to the property is in your sole name, even though the mortgage is his sole responsibility, you cannot switch the loan into your name. You will have to get a new loan, with the same lender or a new lender. The title does not "fall back" to your ex. It is common that the mortgage company will not do anything, so long as you make the payments as they fall due. You may want to get a new loan, if you qualify, because interest rates are so low.

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Answered on 2/25/13, 10:05 am


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