Legal Question in Real Estate Law in Pennsylvania
Wife's name on a deed
In September 1998, my husband and I purchased a home. At the closing, I learned that my name was not on any of the paperwork. I was told that since my income was not considered for the mortgage loan (I had been working for less than 2 years), my name would not be included on the mortgage note. Then I realized my name was also not included on the deed, wherein they told me that since my name was not on the mortgage, it could not be placed on the deed - but was assured that it could be added later for the nominal fee of ''about $100''.
Four years later, in an attempt to have my name added to the deed, I was told by the same Real Estate Agency that it would cost $495.
When I later questioned the real estate agency about the fact that my name was not on the deed, they told me (in a most arrogant manner) that poor credit is usually the reason a person's name is not included on the deed (when in fact, at the signing of the agreement of sale - which my name WAS on - our credit was perfect).
My question is: should my name have been included on the deed at the time of purchase?
2 Answers from Attorneys
Re: Wife's name on a deed
Only a complete review of all the factors can determine whether your name should be on the deed. If you had a bad credit rating that would affect the mortgage approval I can understand why your name was left off. If you had good credit your name should of been placed on the deed. However, you may still place the name on the deed. Depending on the county where you are located the cost to prepare the deed is about $125. However, you might have to check and obtain the approval of the lender. I would be happy to assist you. I would need a copy of the deed that was recorded without your name to prepare a new one. If you do not have one, it should be filed of record. Please call me with any questions. Gerald Hershenson 215-579-9390
Re: Wife's name on a deed
Often, only one of a couple who own real estate is obligated on the note, but both are in title on the deed, and both sign the mortgage. I know of no reason why it should not have been done that way when you and your husband bought your home.
Real estate agencies should not be preparing deeds and doing other legal work. Title companies are permitted to prepare deeds in the transaction where they are also insuring title, such as when you bought the property. Real estate agencies should also not be offering legal advise, such as how to take title. This is called "unauthorized practice of law".
Now that there is a mortgage, you would need the written consent of the lender to change title. In most cases, where the mortgagor (the borrower) is adding a spouse to legal title, the lender will not object.
You do not need a real estate agency or title company to prepare the deed and other documents that are needed for recording it. You can find a local attorney who will do this for you for less than $495.00, but probably not for as little as $100.00. There are also recording fees charged by the Recorder of Deeds. In Philadelphia County that fee is now $58.50.
If you want to explore this further, I would be happy to discuss it with you.
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