Legal Question in Real Estate Law in Massachusetts

real estate

Is there anything that can be done when there are two names on a mortgage, to tkae one name off with out taking out a new loan?


Asked on 2/18/08, 8:55 am

1 Answer from Attorneys

Re: real estate

There is a difference between being on a mortgage and a note. If two parties own the property then both have to be on the Mortgage. having said that the Borrower can be only one of two people on the note.

To remove someone from a Note is difficult but not impossible. If you are buying the other party out, you may have to refinance the note and the Mortgage.

Your first step would be to talk to the lender and explain why you want to remove one of the two of you from the note, such as divorce or separation, whatever and see how they respond.

Good Luck.

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Answered on 2/18/08, 11:43 am


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