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2016-02-19

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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.

Can I be removed from a deed without my consent?

Legally, it may only be removed from the deed with your consent or by court order (e.g. if a court somehow found that the transfer to you was fraudulent and reversed it).

Can you take someone off a deed?

When someone signs a quitclaim deed, it means that they're effectively giving up their claim or rights to the property. ... Keep in mind that a quitclaim deed has no effect on the mortgage, so even if you remove a person from the deed, all parties on the mortgage are still responsible for payments.

Can you remove someone from a deed without their knowledge?

Generally, someone else cannot remove you from title without your consent and/or knowledge. You should speak to a local real estate attorney to see how to return your name to title and how it was removed in the first place. If a fraudulent deed...

How do I remove my name from a deed after a divorce?

Obtain a quitclaim deed form. ... Fill out the quitclaim deed form. ... Include the legal description of the property in the space on the form set aside for this purpose. ... Sign the quitclaim deed in front of a notary public. File the quitclaim deed at the register of deeds office. ... Tip. ... References (3) ... Resources (3)

Can you remove someone from a mortgage?

A quitclaim deed typically does not remove a borrower's name from a mortgage. With a quit claim deed, an owner can transfer all ownership rights to somebody else, but any loan agreements remain unchanged.

Can a person's name be on a deed without being on the mortgage?

It is possible to be named on the title deed of a home without being on the mortgage. However, doing so assumes risks of ownership because the title is not free and clear of liens and possible other encumbrances. Free and clear means that no one else has rights to the title above the owner.

Do you have to remove a deceased spouse from a deed?

You will have to complete a blank deed to remove the deceased husbands' name and replace it with the names of the heirs as listed on the stamped documents received from the court. The heirs will co-own the property with the widow, so do not remove her name.

Is it necessary to remove deceased spouse from deed?

Removing a deceased person from a property deed clears up the land and property tax records and allows the new owners to deal with the property. ... If the property was held with a surviving spouse or other co-owner, an affidavit of survivorship may be used to avoid probate.

How do I take my deceased husband off the deed?

Obtain a new deed. A person cannot really be “removed” from a deed; rather, to remove someone from a deed, a new deed without the deceased's name must be issued. ... Go to the courthouse. ... Mail or fax your deed request. ... Look online. ... Use a title company. ... Use an attorney.

How do you remove a name from a deceased person's deed?

Discuss property ownership interests. ... Access a copy of your title deed. ... Complete, review and sign the quitclaim or warranty form. ... Submit the quitclaim or warranty form. ... Request a certified copy of your quitclaim or warranty deed.

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