Legal Question in Real Estate Law in Massachusetts

i live in quincy ma 02171 what is the process to remove someones name from a property deed or mortgage?


Asked on 8/01/12, 2:54 pm

3 Answers from Attorneys

To remove someone from a deed you and that person have to sign a deed to you. You cannot arbitrarly remove someone from a deed. If you have grounds to remove someone from a deed you can file suit to get them removed.

There are two elements to a mortgage. The first is the Note and the Second is the Mortgage. You need the consent of the Mortgage company to remove someone from the Note and Mortgage. Under the St. Germain Law, you can transfer property to a realitive and the Mortgage company must allow them to assume the debt, but that does not remove them from the Mortgage or Note.

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Answered on 8/01/12, 3:09 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

refinance and have other person deed their interest to you.

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Answered on 8/02/12, 5:42 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Attorney Roth's answer is excellent.

I handle cases like this frequently, and would be happy to speak with you. You will either need to sell the property together with your co-owner or "buy" your co-owner's interest in the property, and refinance to reorganize the loan. If your co-owner will not cooperate, you can also force the sale of the home through the courts.

Feel free to give my office a call and I would be happy to discuss your options with you.

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Answered on 8/03/12, 12:56 pm


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