Legal Question in Real Estate Law in New York
put name on the deed
To whom it may concern:
I am waiting for changing my status under the marrage with a citizen of USA (my immigration petition has been approved, but I haven't got the green card yet). Now, my husband and I live in a house which is still on the mortggte. The deed of this house is under the name of my sister -in- law and my sister. They want to add my name on the deed. Would that be possible?
Looking forward to hearing from you.
Thank you very much.
1 Answer from Attorneys
Re: put name on the deed
If you are asking about whether a non-citizen could own residential real estate in the U.S., the answer is yes. Transferring ownership by contract/deed is relatively easy. However, if there is still a mortgage loan outstanding on the property, you would need the mortgage lender to consent to the transfer, which may not be easy since you are not a party to the mortgage loan agreement. The result may be different if you were to actually buy the property from the current owners so that they could repay the old mortgage and you could get a new loan if you wanted to. This, however, will entail various transfer and other taxes and closing fees.
Good luck with the bank.
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