"how can you add someone's name on a mortgage with out it costing money?
Posted on Jan 08, 2009 under mortgage |"how can you add some one name on a mortgage with out it costing money? I got married last year and would like to add my husbands name on my mortgage but I don't want it to cost a lot of money. how do I go about doing that?"
January 8th, 2009 at 7:08 am
To be added to a mortgage typically requires your refinance your home mortgage. If you do not have any reason to refinance, than I suggest adding your name to the title. It's inexpensive and very simple to do. Feel free to email at info@adpsac.com for more information.
Gerry
January 8th, 2009 at 7:08 am
You want to add him to the debt? How nice!
I think you want to add him to the title. In which case, you need to do a "quitclaim deed". You can download them for free, write one up on a piece of paper or buy them at your local office supply store. Once you fill one out and notarize it, then I suggest you take it to your county clerk's office and record it so that if you should die, and another person lays claim to the property, your husband will be protected. Now you're done.
Here is the important part. Check to see if your state differs any, but in California, in order to validate the deed, you need the following info on the quitclaim deed:
1. It must be in writing.
2. You need to properly describe all parties. For example, let's say your name is Jane Smith and now it's Jane Johnson because of your new marriage, in the grantor clause you write:
"Mrs. Jane Johnson, who acquired title as Jane Smith". Now let's assume your husband's name is Dick Johnson, in the grantee's clause you write:
"Dick Johnson and Jane Johnson, husband and wife".
A couple of things to note:
2.A. If you have legal middle names, it must be used. For example, if your name is Jane Jamie Smith, you must include Jamie.
2.B. If your husband goes by the name of Richard and his legal name is Dick, he must use Dick and not Richard.
3. Compentency of the Parties. You both need to be physically and mentally competent to enter into this transaction. If your husband is 12 yrs old, the deed is not valid.
4. Adequate Description of the property. You must use the legal description and not your address. For example, in California, we have to use one of the following methods: lot, block and tract, or metes and bounds or government survey (or Surveyor's report). You can get this info from a title company or your county clerk's office.
5. The granting clause. Your should say contain the following clause:
"hereby REMISE, RELEASE AND FOREVER QUITCLAIM to"
The words in caps must be used.
6. Your signature
7. Delivery and Acceptance of the Deed. By recording the deed, you have created a presumption of delivery, which should suffice. However, if you ever think you're ever going to get into a situation in which he will deny delivery and acceptance of deed, I suggest you get a signed letter from him stating that he received the deed and accepted it without undue influence or duress. You could also use a third party, like a lawyer or escrow company.
Disclaimer: I am not a lawyer, nor do I play one on TV. You should seek legal council before accepting anyone's advice.
Because I buy, sell and invest in real property, I have taken it upon myself to educate myself in all legal matters of taking title.
By the way, just in case you wanted to add him to the debt (in which case, I wasted my time), you will need to contact your lender and see if they could add him (you might want to renegotiate your terms with the lender if he has great credit and/or income) or just get a new loan.
January 8th, 2009 at 7:08 am
You can go to a title company and tell them you want to do a "warranty deed" which means add someone on to your title of the house. The only thing you would have to pay is a recording fee and notary fee. This should not cost you more then a few hundred dollars compare to doing a refinance which can cost 5K and up.
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