Legal Question in Real Estate Law in Pennsylvania

Re: deed change

I believe Mr. Hershenson is mistaken, in the event your husband were to be removed from the deed, this may constituted a breach to the mortgage agreement you initially signed. However, it is extremely unlikely that your mortgage servicer would notice, nor would they act. But in the event there is such language within the mortgage your mortgage company could demand your loan due immmediately and if you could not either pay the balance of the loan or refinance a new loan they could then foreclose on you.

The second point Mr. Hershenson made is valid, by removing himself from the deed your husband would be giving up any claim to the property and if a divorse is contemplated either within the immediate future or down the road, this would lead to possible lengthy litigation.

I recommend you discuss what your objectives are with an attorney immediately or risk ten of thousands of dollars down the road in litigation.

Sincerely,

Marc V. Taiani, Esquire

AAAL - Allegheny Attorneys At Law

www.AlleghenyAttorneys.com

412.731.0865 (Office)

412.731.0866 (Fax)

Re: deed change

Your husband can sign the mortgage and remove his name from the deed. He is still liable and it not wise for him to sign a mortgage if he does not reside in the property. If a divorce is contemplated I suggest you consult an attorney. Gerald Hershenson Esq.