Legal Question in Real Estate Law in Virginia

Re: Deed to house question in VA

You, sir, have a mess on your hands.

This is probably not a "DIY" (Do It Yourself) problem. This is probably see a lawyer time.

I am responding just to clarify some of the questions I have, which any lawyer will probably need to hear about....

1) You have to check that the original mortgage was valid. You can engage the services of www.MortgageFraudExaminers.com If your ex-girlfriend was on the deed, but did not participate in the mortgage loan, there may be a problem (for the bank) of a failure to give proper notice to your Ex girlfriend and getting her approval. So before you let a mortgage wrap you all around you should check whether it is even valid.

2) Why do you expect your ex-GF to move out? Why is she on the deed to begin with? Should she move out or should you and your wife find another place? Is your Ex-GF's role fictitious (you just added her name, but she did not pay anything)?

3) I think you may be able to refinance with the new lender giving NOTICES to your ex-GF. You did it once already.

I mean you are asking to do what you already did once. Of course. A lender can let you take out a mortgage on the house without the co-owner participating. They must provide NOTICES to the other co-owner, and may need her signature acknowledging that she has received those notices.

But she is not going to take herself off the deed. But how does that help you? She will still own half the house.

4) Of course if you and your wife move to a new place, then your ex-GF will be forced to either make the mortgage payments or lose the house in foreclosure. SO you have some leverage there. But other than that it is a messy situation.

Re: Deed to house question in VA

Sure, if the lender agrees, (but who will probably not).