Legal Question in Real Estate Law in Georgia
Wife purchased house before we married last year. she wants to add me to the mortgage in case she should expire prior to myself. i pay the mortgage but was never
recorded as i had a foreclosure prior to this marriage and credit cards debt which
has been written off. would like to refinance but they will not let me on mortgage
and her social security is not enough to carry mortgage. can i be added to her mortgage even though i will not be out of foreclosure till 2016. what is qickclaim? thank you
2 Answers from Attorneys
Your question makes no sense at all. There is the LOAN and there is the DEED (or title to the property). Why would you want to try to make yourself liable for the loan? If you are trying to ask about being an owner of the property, then your wife signs a new deed prepared by a real estate agent who knows the facts. However, since the issue is what happens after the death of one of you, the obvious solution is to see an estate planning lawyer to get a will, and handle the other necessary documents. There is no such thing as a "quickclaim" anything.
Being a borrower on a mortgage and being on the deed, although usually related, are not the same. You cannot force the lender to include you and changing ownership of the property (i.e. name(s) on the deed) will most likely violate the terms of the mortgage.
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