Does a loan Assumption Change the names on a deed/title
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Does a loan Assumption Change the names on a deed/title
My ex agreed to remove her name from my mortgage. The mortgage company agreed to
allow either a release from liability or an assumption. Does an assumption mean
her name will be removed from the title? I want to make sure she is also removed
from any future rights to the property since she is agreeing to do so right now.
Asked on May 28, 2019 under Real Estate Law, New Hampshire
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Loan assumption does not itself change ownership or who is on the title. She can remove herself from the title by executing a quitclaim deed giving all her rights, interests, etc. in the home to you. This can be done at the time of the loan assumption. Before doing anything, draw up and have her sign a written agreement that in exchange for being removed from the loan, she will give up all her right, title, and interest in the property to you. By having a written agreement that she will do this, if she refuses or fails to do so, you could then sue her for breach of contract to get a court order requiring her to be removed.
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