Legal Question in Real Estate Law in Massachusetts
I had put a mortgage in my name so that my dad would not lose his home. At the time him and his wife were unable to mortgage the home due to credit issues. We had gone to a loan broaker who said that he would work with them, and have the mortgage refinanced in their name within a year. That was about ten years ago. Shortley after the mortgate his wife was accusing me of trying to steal their home. She had me sign a paper that was going to prevent that. I at the age of 27 gladley signed. I had already owned my own home, and my only intention was to help my dad. Come to find out it was a deed that she had me sign herself onto. At this point I'm looking to have nothing to do with this property, or atleast protect myself in the event that something should happen to my dad. I don't know if there is a way to court order a change in the mortage holder due to the circumstances, or if I could remove her from the deed? I'm in fear that a day will come that I will be stuck with a mortage that she refuses to pay, but has the rights to the home. I have worked hard my entire life to obtain good credit. This has me scared! Do I have any legal options to protect myself in this matter?
2 Answers from Attorneys
This is too complicated a matter to answer in this kind of problem. You can use the
St. Germain Act to assist you in getting the Mortgage placed in her name, but you need to contact a good real estate attorney. If she is not willing to accept the mortgage as her responsibility, then you will need to take other actions.
If not, feel free to contact me.
If you are unable to have her take over the mortgage or voluntarily remove her name from the deed, your next remedy may be to file for partition. Given the complexity of your facts, you should sit with an experienced real estate attorney.
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