Legal Question in Real Estate Law in New York
Deed Name Change
In 1999, I got divorced. I was ordered to resume using my maiden name. In 2000, my parents gave me a house. On the deed, they used my married name. In 2001, I took a mortgage on my home. Also, with my married name. My question is, how do I record a corrective Deed from myself, as Grantor, using my married name on the current Deed, to myself, as Grantee, and refering in the Deed to the divorce and the Order to resume my maiden name?
1 Answer from Attorneys
Re: Deed Name Change
First of all, generally a Judgment of Divorce gives you the option of using your maiden name. However, without reading the Judgment I could be wrong. Therefore, you must re-read you Judgment.
Second, what is the purpose of changing the deed and mortgage? If you are selling, you have the Judgment demonstrating who you are. If there is no clear purpose, you are wasting time and energy changing the deed and mortgage into your maiden name.
Third, however, if you insist on changing the docs to your maiden name, you will first have to contact the bank to amend the name on the mortgage. You will have to follow their procedures. You will then have to purchase and complete a blumberg deed from you (married name) to you (maiden name), and file with the County Clerk with a NYS Equilization Form and TP-586 Form.
Mike.
Mike.
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