Legal Question in Real Estate Law in California

Real Estate co-ownership

I am co-owner of the home I live in but the mortgage is only in my roommate's name. We want to put it in both names. What forms do we need to fill out without my name being on the loan. Is it the QuitClaim Deed?


Asked on 10/11/04, 12:16 am

2 Answers from Attorneys

Robert Restivo Restivo Law Firm

Real Estate co-ownership

Howdy:

This isn't a deed situation at all. I assume the property is titled to both of you? It is a bit weird that the mortgage company would loan to one on the title, but not both.

But, you need to take it up with the mortgage company. It should be pretty straight forward to add you to the loan, assuming you qualify.

If the property was originally your roommates, and that's when the loan originated; and at later time he re-wrote the deed to add you (I suspect a likely situation), then you both may have problems with the mortgage company.

However, the bank only wants its money back. If the payments have been on time, and if your credit is sufficient, then it shouldn't be a problem.

But, the mortgage company is where you need to go.

Hope this helped.

rkr

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Answered on 10/11/04, 12:36 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Real Estate co-ownership

Are you on the deed? Call me directly at (619) 222-3504.

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Answered on 10/11/04, 12:50 pm


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