Legal Question in Real Estate Law in Massachusetts

Transferring mortgage

I am trying to find out what my options are. Here is my situation. My name is the only name on the mortgage and home equity loan. My husband's name and my name are on the deed. I can no longer afford the mortgage and living expenses and husband will not contribute at all towards living expenses. I need to sell the house, as I can not afford to support the household but he is not being cooperative. Is my only option to have the bank foreclose? His two children - 1 is 98 and the other is 17 also live here. I am not sure if legally he has more a right to be here since one of the two children is under 18. I'm am not looking for them to move. I have asked him to transfer the mortgage to his name but I dont think he can due to his bad credit. I am only looking to sell the house so my good credit will not be ruined.


Asked on 10/06/08, 7:37 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

ReTransferring mortgage

Mortgages are not usually transferable. There should be a clause about this in the mortgage. You cannot sell a house unless all persons on the deed sign. You may want to consider refinance, or contact a real estate attorney.

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Answered on 10/06/08, 8:22 pm


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