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how do you remove someone from a mortgage

by Vincenza Abernathy Published 2 years ago Updated 2 years ago
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The main ways to remove a name from a mortgage without having to refinance include:

  • A loan assumption
  • A loan modification
  • A cosigner release
  • A quitclaim deed
  • Sell your home
  • Pay off your home

Removing a cosigner or co-borrower from a mortgage almost always requires paying off the loan in full or refinancing by getting a new loan in your own name. Under rare circumstances, though, the lender may allow you to take over an existing mortgage from your other signer.Sep 15, 2022

Full Answer

How do you get your name removed from a mortgage?

Is It Possible To Remove Your Name From A Mortgage?

  1. Co-owner refinances after quit claim deed.
  2. Sell the property and pay off or settle mortgage debt.
  3. Quit claim house to co-owner and file bankruptcy.

How can I remove my ex-husband from a mortgage?

  • Sell the property to the ex-spouse.
  • Sell the property in a short sale.
  • Make the required repairs so that the property sells for more than its current market value, and perhaps the balance of the loan.
  • Talk your mortgage servicer about the requirements for a mortgage modification.
  • Change the locks.

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How to get someone's name off a mortgage?

  1. Contact your lender. Removing a name from a joint mortgage is not a typical request, so it is best that you contact your lender in person or by telephone ...
  2. Provide your lender with your personal financial information. This financial documentation must show that you have the ability to be responsible for the mortgage loan.
  3. Use your credit report. ...

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How to remove a name from a mortgage without refinancing?

There Are 5 Steps To Remove A Name From The Property Deed:

  1. Discuss property ownership interests. Speak with any co-owners to reach an agreement about which names will be removed from the title and why. ...
  2. Access a copy of your title deed. Youll need to get a copy of the title deed to verify that it currently includes the name youd like to remove. ...
  3. Complete, review and sign the quitclaim or warranty form.

What happens if you can't pay off a mortgage?

What happens if you quitclaim a deed?

Can you entrust a mortgage to one person?

Can you remove someone from a mortgage?

Can you refinance a mortgage under one name?

See 2 more

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Can you remove someone's name from a mortgage?

Can I remove my name from a mortgage? To remove your own name from a mortgage, you and your co-borrower can ask the lender for an assumption or modification that would remove your name from the loan. If the lender won't change the existing loan, your co-borrower will need to refinance the home into a new mortgage.

Can you remove someone from a mortgage without their knowledge?

Anyone can be removed from a deed without consent from the other party. However, in most cases, this is done illegally. When these situations take place, the most common occurrence is a forgery of an individual's signature.

Does it cost to remove someone from a mortgage?

Mortgage Lenders If you have a mortgage on your property, you may have to pay your mortgage lender extra charges. Often, lenders will charge you a 'change of parties' fee. This happens at the end of a transfer of equity. It covers the lender's administrative costs of adding or removing someone from a mortgage.

Can you take someone's name off a house without refinancing?

Removing a cosigner or co-borrower from a mortgage almost always requires paying off the loan in full or refinancing by getting a new loan in your own name. Under rare circumstances, though, the lender may allow you to take over an existing mortgage from your other signer.

What happens when you remove someone from a mortgage?

At this point, your spouse/partner/roommate's name has been removed from the mortgage but they are still on the mortgage deed. The result of filing a quitclaim deed will be the transfer of the home solely to you. The other person that was previously on the mortgage and deed surrenders all rights to the property.

Can a joint mortgage be transferred to one person?

The process of moving from a joint mortgage to a sole name mortgage is commonly known as a 'transfer of equity'. The first step in the process is getting the lender to agree to changing the mortgage from one in joint names to a sole name.

How long before you can remove a co signer from a mortgage?

The lender may require two years of on-time payments, for example. If that's the case, after the 24th consecutive month of payments, there'd be an opportunity to get the cosigner off the loan. Review your loan terms carefully to find out if you have cosigner release as an option.

What happens if you have a joint mortgage and split up?

Having a joint mortgage with your partner means that each person owns an equal share of the property. If you split up or divorce, you both have the right to keep living there, however it also means you're both equally responsible for the mortgage repayments, even after separation.

4 Tricks to Remove Your Name from the Mortgage on Jointly Owned ...

Talkov Law's experienced partition attorneys explain 4 ways to remove yourself from a mortgage shared with an uncooperative co-owner. Call (844) 4-TALKOV (825568) for a free, 15 minute consultation

4 Ways to Remove a Name from Mortgage After Separation

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

How to remove name from joint mortgage?

1. Contact your lender . Removing a name from a joint mortgage is not a typical request, so it is best that you contact your lender in person or by telephone rather than by email . Since your lender holds the mortgage to the home, the lender wants to be able to hold both borrowers responsible if payments are not made.

How to remove co-borrower from deed?

You need to legally remove the co-borrower's name from the deed to the property. By executing a quitclaim deed, you and the co-borrower can transfer the property to you alone. You may wish to contact an attorney so that your deed contains all of the required information. Depending on your state’s laws, you may need to take the new deed to various government offices for recording.

How to get a mortgage loan without a co-signer?

Recruit a co-signer for your mortgage loan. If you don’t qualify for a mortgage loan on your own, you could find another person who qualifies for the loan and who is willing to co-sign it. Taking this step might convince the lender to allow you to take on the mortgage loan without your current co-borrower.

What to do if you discharge a mortgage loan in bankruptcy?

If you are able to discharge the mortgage loan in bankruptcy proceedings, you should sign a quitclaim deed to transfer your interest in the property to your co-borrower. This allows your co-borrower to sell, refinance, or otherwise dispose of the property as he or she sees fit.

What is a novation in mortgage?

A novation or assumption simply substitutes one mortgage contract for another. The new contract removes the co-borrower from the mortgage loan altogether. You will sign the new mortgage contract. The co-borrower also normally must sign the appropriate documents in order to remove his or her name from the loan.

How to get a mortgage loan on your own?

Use your credit report. Your credit report is a good source of proof of your ability to make the mortgage payments. Your lender always considers a person’s credit history in evaluating his or her eligibility for a loan. Credit history also can affect other factors about your mortgage loan, such as the interest rate. This information will help the bank decide if you are eligible for a mortgage loan on your own.

How to prove you have the money to pay a mortgage?

For instance, you should provide your lender with your recent income tax returns, pay stubs, and bank statements. You have to prove to the bank that you have the money to make the mortgage payments every month on your own.

What to do when you have two people on a mortgage?

When two of you signed on the loan and one wants out, it's time to talk to the lender. Whether the person who wants out is a co-borrower spouse (who lived in the home with you) or a co-signer friend or investment partner, the lender's not going to jump at the change. It currently has two individuals to look to for mortgage payments, and won't be in a hurry to scratch off one name. Usually refinancing is your best bet, although in some cases, a loan assumption is possible. But the lender is sure to take a long, hard look at your finances before removing the other person.

Why won't a lender be eager to remove your co-borrower or co-signer from the?

Why won't a lender be eager to remove your co-borrower or co-signer from the mortgage loan ? Although the loan is secured by the property, all that means is that the lender can force a sale in case of default. But the lender can also look to the personal bank accounts and other assets of the co-borrowers if they don't get their monthly principal and interest payments – and seizing liquid assets like cash in an investment account is a lot easier than foreclosing on a house. Naturally, it's better for the bank to have multiple co-borrowers to look to for missed payments.

What happens if you can't pay off a loan?

If you can't pay off the loan, the lender is not likely to allow one co-borrower off the loan unless it feels that its interests are well protected. This usually means that you, as the other co-owner, must have the credit and income to obtain financing on your own.

What does "take back a security interest in the property" mean?

This means that the lender takes back a security interest in the property with a security instrument called a mortgage , but it's common to use the term to refer to the loan it is securing as well. Why won't a lender be eager to remove your co-borrower or co-signer from the mortgage loan?

Can you get removed from a mortgage loan?

Getting Removed From a Mortgage Loan. A mortgage loan is a contract, and a co-borrower can only get removed from the loan if it is paid off in full or with the lender's permission. Obviously, paying off the loan is a great option if you have a sudden influx of funds, but this isn't guaranteed.

Is it possible to assume a loan?

Usually refinancing is your best bet, although in some cases, a loan assumption is possible . But the lender is sure to take a long, hard look at your finances before removing the other person.

Can you take over a mortgage if you don't want to refinance?

You tell the lender you want to take over the mortgage with a loan assumption. You sign the papers and pay a fee, often around 1 percent of the loan plus other fees, if this is permitted.

How to request a modification for a mortgage?

Go to your home mortgage lender web site or contact their support phone number and request a loan modification packet AKA “Request for mortgage assistance”.

How to get a quit claim deed?

You can obtain a quit claim deed online or write your own using the form as a guide. The person relinquishing interest in the property is the grantor and the person receiving the interest is the grantee. Include the legal description found on the existing deed or from an official survey. The deed must include a statement from the grantor transferring their interest to the grantee, and the amount or value being provide to the grantor such as $1.00.

What happens if you refinance a 30 year loan?

However if you refinance into another 30 year loan the mortgage company stands to make more profit off of the interest accrued and paid out by the homeowner.

Is refinancing a loan free?

Do not be fooled, refinancing a loan is never free!

Where to file quit claim?

File the quit claim with the local county recorder’s office in which the property is located.

Where to record change of ownership?

Record the deed with the local county recorder’s office in which the property resides. Ask for and complete a Preliminary Change of Ownership Report, file the signed and notarized deed with the county recorder, and pay the required filing fees.

Can you quit a deed if you are not married?

The above quit claim is an important legal step even if you were not married to the person on the deed or the divorce decree was not recorded with the county clerks office. Without removing someone from the title deed they do not relinquish their legal financial interest in the home and your mortgage company will not want to remove them from the home loan.

How to remove name from mortgage?

Here’s a step-by-step guide to remove a name from a mortgage without refinancing: 1 Look into your options: The way you remove your name from a mortgage is often dependent on the circumstances. You may assume the loan on your own or request your ex-spouse to sign over all ownership rights to release them from the loan. 2 Speak with the lender: In any case, you must speak with your lender if you want to remove a name from the mortgage. You need to have your lender agree to the terms of your new agreement, which is usually the most difficult part of the process. 3 Complete all necessary paperwork: If you are going through a loan assumption of loan modification, make sure you complete all paperwork as necessary. If you are selling your home, you should get through the process of escrow to remove your name from a mortgage.

How to remove name from mortgage when selling home?

If you are selling your home, you should get through the process of escrow to remove your name from a mortgage.

How to remove name from mortgage without refinancing?

The main ways to remove a name from a mortgage without having to refinance include: A loan assumption. A loan modification. A cosigner release. A quitclaim deed. Sell your home. Pay off your home. Obviously, some of these options are more realistic than others, but we’ll work to explain the various options available.

How to remove ex spouse's name from mortgage?

If you need to remove your ex’s name from a mortgage without refinancing, you could request a quitclaim deed (a legal document that allows you to transfer interest in real estate as a grantor to a grantee). In this situation, you are asking that your ex-spouse sign the quitclaim deed in front of a notary. In turn, the ex-spouse’s name would be removed from the property deed and they give up full control of their rights to the property.

What is an assumption on a mortgage?

A loan assumption may be the easiest option for the parties involved and should be your first option. Essentially, when multiple names are on a mortgage, you can tell your lender that you will be taking over the mortgage completely. You can request that they provide you with a loan assumption, which gives one party the full responsibility of the mortgage and removes the other from all the documents. This also has the benefit of being processed faster since it can take a long time to process a refinance. With a loan assumption, the person requesting full responsibility of the loan may request that the interest rate remain the same.

Do you have to refinance a mortgage to remove a name?

Most people feel they need to refinance their mortgage to remove a name, but that isn’t always the case. For instance, some homeowners choose to refinance their mortgage to pay out their ex-spouse so they are no longer on the mortgage.

Can you get a loan modification for divorce?

Many lenders may only allow a loan modification for those who experience financial hardship. However, if you can show them enough reason to allow a loan modification for a divorce or legal separation, some lenders are accepting of this request.

How Can You Take Out a Countersign From a Mortgage?

You can’t really avoid getting into personal or financial issues with your partner, but good news since it is possible to get a spouse or any person that countersigned the house, for that matter, removed from a mortgage.

How to Remove a Cosigner From a Mortgage Without Refinancing?

You may have thought about getting a partner to countersign for your mortgage as one of your considerations in buying a home, which is a responsible choice because you needed someone with a good score to fulfill the requirements of a mortgage loaning or not. Having someone to sign your mortgage, too, seems like a lighthearted agreement, right?

How to refinance a mortgage?

Step 1: First of all, make sure to get yourself a professional as your guide. Step 2: Make sure you and the other party have talked and come to terms with the mortgage payments and prices that should be made between the two of you. Step 3: After that, you have to refinance the loan to get new loans.

What happens when a borrower defaults on a mortgage?

One of the biggest problems they will face is when the borrower becomes default on the mortgage because if so , the lender or lenders will have to pursue the person who cosigned instead of the primary borrower. This means that they will have to pay off the loan balance that is left.

How much does the FHA loan limit?

Additionally, when it comes to the salary of a borrower, there is no limit or specification. Still, the loan limit is capped at $331,760, significantly lesser than what a Conventional loan offers.

How long does a mortgage lender require a primary residence?

The lender will require that the property is your primary residence for a year after purchase regardless of the property type. If you need more information about the loan options or remove the co-signer’s name from the property, you can read more related articles or contact the related agencies.

What is the minimum credit score for a mortgage?

A Good Credit Score. The minimum score required in a conventional mortgage is 620 points. Meanwhile, having a score higher (740) than the minimum requirement will get you benefits like getting more favorable interest rate offers.

What happens if you can't pay off a mortgage?

If one of you can’t pay, the other person is still responsible for paying off the whole loan. So, if your lender simply took one of the names off the current mortgage, one of you would be getting off scot-free. As you may have guessed, lenders are not often keen on doing this.

What happens if you quitclaim a deed?

The result of filing a quitclaim deed will be the transfer of the home solely to you. The other person that was previously on the mortgage and deed surrenders all rights to the property. If you have a lawyer, they can get you the necessary form, but you can also find it with a quick online search.

Can you entrust a mortgage to one person?

However, you’re asking them to entrust the payment of your mortgage to one person instead of two, increasing their liability. Many borrowers don't realize that both people on a mortgage are responsible for the entire debt. For example, on a $300,000 loan, it’s not like both people are responsible for $150,000.

Can you remove someone from a mortgage?

Getting the mortgage together no doubt had some clear advantages, including drawing on two incomes when determining how much you could get and/or utilizing the credit scores of two people to bring down your interest rate. It made sense at the time, but life happens and now, for whatever reason, you’ve decided it’s time to remove someone from the mortgage. Frankly, it’s not the easiest process in the world, but here are some steps and considerations that will help you get it done.

Can you refinance a mortgage under one name?

What your lender might consider is refinancing your mortgage under a single name instead of both people currently on the mortgage. Keep in mind that the equation has changed in terms of approval, as the lender is looking only at the financial variables for one person instead of two.

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Overview

  • How to Remove a Name from a Mortgage Without Refinancing
    1 Getting the Lender to Agree to Remove a Name From a Joint Mortgage
  • Co-authored by Clinton M. Sandvick, JD, PhD
    Last Updated: June 3, 2021 Approved
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About This Article

  • Clinton M. Sandvick, JD, PhD
    Doctor of Law, University of Wisconsin-Madison
  • This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a c…
    Categories: Property Loans and Mortgages
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