Legal Question in Real Estate Law in New Mexico

I own a home which is titled and with a mortgage in my name only. I wish to add my fiance to the title as a "Joint Tenant". Do I have to get permission from the lender and/or do I have to get a new mortgage with myself and my fiance as co-borrowers?

Asked on 2/12/14, 4:10 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

If the lender consents to the transfer, all you need to is record a deed from You to You+Fiance as Joint Tenants with Right of Survivorship. Note that if your loan is FHA-insured, you can often add a family member who resides in the house as a joint tenant by quit claim deed without triggering the due-on-sale clause.

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Answered on 2/12/14, 11:39 am

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