Legal Question in Real Estate Law in Virginia

Name add to home

Wife and I refinanced home in her name and the mortgage company didn't change name on deed/title. How do we add my name to deed/title


Asked on 2/04/08, 11:26 am

1 Answer from Attorneys

Jim Bowman James E. Bowman PLLC

Re: Name add to home

There are two deeds that are of importance with buying a house, the Warranty Deed and the deed of trust. The Warranty Deed states that you have true title to your house. The Deed of Trust is the document where you offer your ownership of your house as security for the loan you get to pay for your house. Do you mean that in the refi, your name was removed from the Warranty Deed to your house or that your name was just not included in the Deed of Trust? If you bought the house as a married couple, then your name should have been included on the Warranty deed to the house. Only if you gave up your title during the closing of the refi would you no longer be on the Warranty Deed. But if you are wanting to add your name to the deed of trust, again this is the document that promises to pay the lender back - the "mortgage" not the document that states you own the house) then you would need to re-refinance the loan with both of you listed as the borrowers. This may or may not be a good idea depending on your credit situation.

Feel free to contact me if you need additional clarification.

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Answered on 2/04/08, 12:12 pm


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