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Changing name on deed.....how? (1 Viewer)

eoMMan

Footballguy
Long story short, just my wife is on the deed and it's in her maiden name. We need to change her name and add me to it.

Do I just go buy a deed kit at Staples or something, type it up and go to the county office? I don't need a lawyer to do this, right?

 
If there is a mortgage it will be trickier I assume, I am not sure you can be added to a deed after the fact just because you want to be. The loan was written and signed by certain parties. If the house is paid off then it would be a phone call and a trip with necessary paperwork to the court house in the county of the residence.

 
Last edited by a moderator:
It will vary state-to-state. NC would do it this way, and I imagine most would be 'similar,' YMMV

Quitclaim or Non-Warranty Deed from

Mrs. eoMMan (fka Mrs. eoMMan's maiden name) and husband, eoMMan

TO

Mrs eoMMan and Mr. eoMMan as Joint Tenants with Right of Survivorship.

Attach same description as in the deed.

If there is an existing mortgage or D/T add the following: This conveyance is subject to the Mortgage/DT recorded in Book ___, Page ___ ___________ (applicable registrar office)

 
If there is a mortgage it will be trickier I assume, I am not sure you can be added to a deed after the fact just because you want to be. The loan was written and signed by certain parties. If the house is paid off then it would be a phone call and a trip with necessary paperwork to the court house in the county of the residence.
Are you aware of mortgagees making a stink about this? Mortgagee should still have foreclosure rights. Their lien is as valid as it was before.

 
If there is a mortgage it will be trickier I assume, I am not sure you can be added to a deed after the fact just because you want to be. The loan was written and signed by certain parties. If the house is paid off then it would be a phone call and a trip with necessary paperwork to the court house in the county of the residence.
Are you aware of mortgagees making a stink about this? Mortgagee should still have foreclosure rights. Their lien is as valid as it was before.
Go sell half your share of your house to someone else and see if your mortgage company is okay with that.
 
It will vary state-to-state. NC would do it this way, and I imagine most would be 'similar,' YMMV

Quitclaim or Non-Warranty Deed from

Mrs. eoMMan (fka Mrs. eoMMan's maiden name) and husband, eoMMan

TO

Mrs eoMMan and Mr. eoMMan as Joint Tenants with Right of Survivorship.

Attach same description as in the deed.

If there is an existing mortgage or D/T add the following: This conveyance is subject to the Mortgage/DT recorded in Book ___, Page ___ ___________ (applicable registrar office)
I'm PRETTY sure our state is the same, MM. If there's a mortgage you may be required to pay doc stamps ($.70 on every $100) on the remainder of the mortgage-but i'm not sure on that if a party being added w/out another being subtracted. I'd start at the clerks office.

 
Last edited by a moderator:
If there is a mortgage it will be trickier I assume, I am not sure you can be added to a deed after the fact just because you want to be. The loan was written and signed by certain parties. If the house is paid off then it would be a phone call and a trip with necessary paperwork to the court house in the county of the residence.
Are you aware of mortgagees making a stink about this? Mortgagee should still have foreclosure rights. Their lien is as valid as it was before.
Go sell half your share of your house to someone else and see if your mortgage company is okay with that.
I don't understand. Are we dividing my property in half? If that's the case, buyer won't be able to get title insurance and the deal would die.

 
got_nugs said:
Idiot Boxer said:
It will vary state-to-state. NC would do it this way, and I imagine most would be 'similar,' YMMV

Quitclaim or Non-Warranty Deed from

Mrs. eoMMan (fka Mrs. eoMMan's maiden name) and husband, eoMMan

TO

Mrs eoMMan and Mr. eoMMan as Joint Tenants with Right of Survivorship.

Attach same description as in the deed.

If there is an existing mortgage or D/T add the following: This conveyance is subject to the Mortgage/DT recorded in Book ___, Page ___ ___________ (applicable registrar office)
I'm PRETTY sure our state is the same, MM. If there's a mortgage you may be required to pay doc stamps ($.70 on every $100) on the remainder of the mortgage-but i'm not sure on that if a party being added w/out another being subtracted. I'd start at the clerks office.
Yes, in Florida.

Having to pay $0.70 for every $100 would suck.

Thank you, everyone and IB.

 
eoMMan said:
Long story short, just my wife is on the deed and it's in her maiden name. We need to change her name and add me to it.

Do I just go buy a deed kit at Staples or something, type it up and go to the county office? I don't need a lawyer to do this, right?
btw thanks for keeping the long story short. It is appreciated.

 
Call a local title company. They will have a quit claim form and the will record it for you (i think i paid 35 all in). Banks don't care because the dot is still filed and the original guarantors are still in place.

 
Henry Ford said:
Juxtatarot said:
If there is a mortgage it will be trickier I assume, I am not sure you can be added to a deed after the fact just because you want to be. The loan was written and signed by certain parties. If the house is paid off then it would be a phone call and a trip with necessary paperwork to the court house in the county of the residence.
Are you aware of mortgagees making a stink about this? Mortgagee should still have foreclosure rights. Their lien is as valid as it was before.
Go sell half your share of your house to someone else and see if your mortgage company is okay with that.
Nobody's selling anything. All a quit claim deed does is give the grantee whatever the grantor holds. It doesn't extinguish the mortgage.

 
Henry Ford said:
Juxtatarot said:
If there is a mortgage it will be trickier I assume, I am not sure you can be added to a deed after the fact just because you want to be. The loan was written and signed by certain parties. If the house is paid off then it would be a phone call and a trip with necessary paperwork to the court house in the county of the residence.
Are you aware of mortgagees making a stink about this? Mortgagee should still have foreclosure rights. Their lien is as valid as it was before.
Go sell half your share of your house to someone else and see if your mortgage company is okay with that.
Nobody's selling anything. All a quit claim deed does is give the grantee whatever the grantor holds. It doesn't extinguish the mortgage.
No, but it does quite possibly void the title insurance. Which the mortgage company will lose its collective mind over.

 
Idiot Boxer said:
It will vary state-to-state. NC would do it this way, and I imagine most would be 'similar,' YMMV

Quitclaim or Non-Warranty Deed from

Mrs. eoMMan (fka Mrs. eoMMan's maiden name) and husband, eoMMan

TO

Mrs eoMMan and Mr. eoMMan as Joint Tenants with Right of Survivorship.

Attach same description as in the deed.

If there is an existing mortgage or D/T add the following: This conveyance is subject to the Mortgage/DT recorded in Book ___, Page ___ ___________ (applicable registrar office)
:goodposting:

The issue is going to be:

1) the proper language on the conveyance (governed by state law); and

2) whether there are any encumbrances and what all that's going to require.

 
Henry Ford said:
Juxtatarot said:
If there is a mortgage it will be trickier I assume, I am not sure you can be added to a deed after the fact just because you want to be. The loan was written and signed by certain parties. If the house is paid off then it would be a phone call and a trip with necessary paperwork to the court house in the county of the residence.
Are you aware of mortgagees making a stink about this? Mortgagee should still have foreclosure rights. Their lien is as valid as it was before.
Go sell half your share of your house to someone else and see if your mortgage company is okay with that.
Nobody's selling anything. All a quit claim deed does is give the grantee whatever the grantor holds. It doesn't extinguish the mortgage.
No, but it does quite possibly void the title insurance. Which the mortgage company will lose its collective mind over.
Subsequent actions of the Owner can't void the Lender's title insurance.

 

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