Removing name from title won’t relieve responsibility for loan
DEAR BOB: My parents divorced in 1995. The judge gave the house to my mom, but she had to either sell it or keep it and refinance the mortgage. She wanted to keep the house. But she couldn’t refinance because her debt-to-income ratio was too high. So my mother gave me a quitclaim deed, signing the house over to me, and I helped her refinance with a new mortgage. Now I want to get my name off the title and put my mother back as sole owner, as she desires. If I do that and my mother dies, am I responsible for the mortgage payments although I don’t hold title? What do I need to do to quitclaim the house title back to my mom? Do I need to go through a title company? –David P.
DEAR DAVID: If you are now on the title alone, you can sign a quitclaim deed to your mother. However, you will still remain liable to make sure the mortgage payments are made even when you don’t hold title to the property.
When your mother dies, the title to the house then goes to whomever she names in her will or revocable living trust.
You don’t need to go through a title company to quitclaim your title to your mother. The deed must include a legal description of the property, usually with its parcel number, and your signature must be notarized so the deed can then be recorded to transfer title to your mother. For full details, please consult a local real estate attorney.
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