Legal Question in Credit and Debt Law in Missouri

property transfer

i have a joint mortgage loan that i wish to remove my name from. i no longer live at the address, the other mortgage holder still does. i want no money from equity in the property, i just want my name off the loan


Asked on 2/19/04, 8:31 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: property transfer

You may ask the lender to remove your name from the mortgage, but this is not usually done. The lender has no reason to do so. I would be interested to know if your name is on the deed to the house. If so, how are you listed? Are you a joint tenant, or a tenant in common, or doesn't it say? Worse yet, are you not an owner of the real estate at all? If you are an owner, that is, if your name is on the deed, then there are several options available. You may request the other owner to refinance and buy you out. If you don't want any money, you may still request the other owner to refinance so as to remove you from any financial liability. If your request is refused, you may have to file a lawsuit. You may be able to file a suit in partition. In many cases, the property can not be divided "in kind" so the court may order the sale of the property and a division of the proceeds. This is a somewhat complicated area, and it appears that you need the advice of legal counsel who is fully informed of your circumstances. If you are located in the Eastern half of the state, I may be able to help you. You may call me for a free telephone consultation at 314-727-2822.

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Answered on 2/19/04, 11:18 pm


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