From the Nolo article:
“In the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Congress established the CFPB and gave it the authority to adopt new rules to protect consumers in mortgage transactions.
The CFPB recently issued an interpretive rule that helps an heir take over a deceased borrower’s mortgage after inheriting a home. Specifically, after the original borrower dies, the person who inherits the home may be added to the mortgage as an obligor (a borrower) without triggering the Ability-to-Repay rule.”
“TThis may have gotten the name off the title but it DID NOT remove the spouse from the mortgage obligation and would only be valid for transactions that happened after the quit claim.”
Absolutely. There are 2 issues that people discuss in this thread: ownership of the property and obligation to pay the mortgage. Someone said that removing a spouse from the title will result in the spouse losing their rights in the property. Not automatically. The poster referred to a quitclaim deed - that would not likely change the property’s character. That poster was getting the property in divorce, so there was a property agreement in place in addition to the ex signing the quitclaim deed, and that is how the property can be reclassified as separate in my state. People can also a separate property agreement or a community property agreement; the latter would avoid probate in my state:
http://www.nolo.com/legal-encyclopedia/washington-community-property-agreement.html
Here it says that title alone does not work in CA either:
Back to mortgages. ![]()
@lookingforward - in theory, yes.
“But you can authorize the lender, in advance, to speak with a designated other. DH cleared it for me to speak”
But mortgage servicers do not have the best record on customer service. Seems like something that could slip through the cracks.
When I bought my apartment, it was in both my ex and my name, but the mortgage was only in my name. When we got divorced, we had to split equity of the house. I did it not because I was thinking about a divorce at that time, but it was easier because I was the sole breadwinner anyway. I only changed the title of apartment to my name last month and I had to pay for a transfer tax as if my ex sold his share to me.
Yes, you could co-own a real estate and have mortgage in one person’s name.