Legal Question in Real Estate Law in New York

Re: How to be removed from a deed

To remove a name from a deed is simple and inexpensive. However, if you have a mortgage (and I bet you do), removal of your daughter's name from the deed does not discharge her obligations under the mortgage and promissory note.

Since a bank will probably not release your daughter's obligations unless the debt is satisfied, you can refinance the property to take your daughter's name off the lien and deed.

Mike.

Questions to consider.

If she was not supposed to on the dered from the beginning you can file a correction deed. There is little cost and no liability for any party.

If she was supposed to be on the deed, then she must file a quit claim deed to you. The problems there are, if a judgment is filed against here in your county then it is good as a lien against the property, also if there is a judgment filed aginst her in the neatr future and you do not pay any consideration (it can be money she owes you or services you provided but make a record) then the creditor may claim the transfer is fraudulent and ask that it be reversed.

There a number of tax and property registration documents that must also be filled out.

One final consideration, if there is a mortgage and she is named on that mortgage she will still be responsible for the mortgage even if her name is taken off the property.

Bunji Fromartz

718 855 7675

Re: How to be removed from a deed

If your daughter is a co-owner of the property she will have to have a "quit claim" deed prepared transferring her interest to you as sole owner. The deed is then filed with the county clerk and the only fees which should be incurred are filing fees. You can purchase such a blank deed form from any legal stationery store, prepare it, have it notarized and file it.