Legal Question in Real Estate Law in Massachusetts

Hire a lawyer. Do not do this yourself. There are potential tax consequences. There may be problems with the mortgage company. There may be title issues related to your lack of knowledge on how to write a title. Hire a lawyer. Don't be a fool.

You should contact an attorney to assist you. You technically need to the Mortgage company to approve the transfer. More important, they have to consent to the removal of your brother from the note, and if they will not do so, you will have to refinance the property.

Please feel free to contact me if you have more questions.

I agree that you want an experienced attorney assisting you on this. I would suggest the preparation of a written agreement between you and your brother to outline the rights and responsibilities of each party. Next, you will want to speak with a mortgage broker to evaluate whether you are able to refinance the property in your own name. You will need to research title and prepare a proper deed to be recorded following a refinance. It is not incredibly difficult, but technical precision and someone to help manage the process is important. Please feel free to contact this office if you would like some assistance in this process. 617-357-4898.