Legal Question in Real Estate Law in Virginia
Listed on Mortgage
My husband and his sister helped their mother purchase her home 18 years ago. She is now trying to sell. All three of their names are on the mortgage papers but only the sister's and the mother's names are on the deed listed with the city. We've heard that we need to sign a Deed of Gift before she can sell. If she has been refinancing and taking out equity lines of credit without informing us, why do we need to sign anything now?
1 Answer from Attorneys
Re: Listed on Mortgage
You may have "heard" wrong. Normally, only those folks whose names are actually listed on the deed document itself are considered owners of the property and therefore only those signatures are required on the contract for the sale of such property to convey it to the purchaser and new owner.