Can a person who is not on the mortgage but on the deed, sell the property?
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Can a person who is not on the mortgage but on the deed, sell the property?
My mom bought a house and had to put me on the deed and mortgage with her. Before she passed away last year. She put the house in my sons name, however I am left on the mortgage and the insurance. I was supposed to stay in the house, until I died, but ended up moving due to certain circumstances. I heard he was wanting to sell the house next year but I don’t want him to. I would like to get it back. Is there anything I can do to stop him from selling it?
Asked on August 21, 2019 under Real Estate Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Only the owner, that is the person who is listed on the title to the house, has the right to sell it. Merely being on either the mortgage, insurance or both does not impart any ownership interest. Accordingly you have no claim here; your son can dispose of the property as he sees fit.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Only the owner, that is the person who is listed on the title to the house, has the right to sell it. Merely being on either the mortgage, insurance or both does not impart any ownership interest. Accordingly you have no claim here; your son can dispose of the property as he sees fit.
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