Legal Question in Real Estate Law in Massachusetts
How can my brother get his name off of a mortgage that he has with his girlfrien
My brother and girlfriend purchased a home together.
They have owned it for approx. 1 year. Due to irreconcilable differences, my brother is moving out. How can he get his name off of the mortgage?
He wants nothing....just to be done with the situation.
2 Answers from Attorneys
Re: How can my brother get his name off of a mortgage that he has with his girlf
Off the mortgage? There's no automatic way to do so. It's something that would have to be negotiated with the mortgage holder and they probably won't be interested, unless he has something to give to them in exchange.
Meanwhile, make sure he doesn't take his name off the deed prematurely. It's possible to have no ownership of the property and yet be responsible for the mortgage payments.
With a lawyer involved to negotiate, he could probably get her to apply for a refinancing on the condition that he eventually deeds the home over to her, and if she can qualify for the same loan amount without his involvement, she'll be left with just her name on the new loan. This is the kind of thing a lawyer should be used to encourage her to do.
Re: How can my brother get his name off of a mortgage that he has with his girlf
Your brother will have to get his former sweetie
to re-finance the mortgage balance herself. When
she does this he will deed over his interest in
the property to her. If all he wants is "out" he
can use as leverage the fact that he's not asking
her for any part of the equity to which he might
otherwise be entitled.
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