Changing the name on a property deed is a simple process that can make a big impact in the future. Homeowners are under the misconception that being listed as a borrower on a mortgage entitles them to the property. The mortgage simply states who is responsible for paying the payment. If you remove a person from the mortgage, you will also need to remove the person from the deed. As the owner, you have the right to change the deed at any time.
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Contact your lender to determine if you have the authority to change the name on the deed. If you are the sole party on the current mortgage, you are able to add or remove a person from the deed. If you are not the only borrower, approval from both parties is required. In the event of a divorce, you would need to refinance the mortgage in order to have a former spouse removed from the mortgage before signing a new deed.
Gather all paperwork. If you are changing your name because of marriage or divorce, you will need to supply your driver's license, Social Security card and marriage certificate or divorce decree approving the name change. To remove a party from the deed after a divorce, provide a copy of the court orders awarding you sole ownership of the property.
Obtain a quitclaim deed form. You can download the form online or purchase it from a local office supply store. The quitclaim can be used to relinquish or change ownership rights. Removal from a mortgage still entitles the person to ownership of the property as long as he remains on the deed.
Notarise the quitclaim. You will need to sign the document in front of a notary. Any party added to the deed will also need to sign.
File the quitclaim. If you are refinancing the mortgage, the quitclaim can be submitted to the title company at the closing. For those not refinancing, file the claim at your county clerk's or recorder's office. You will need to pay the appropriate recording fee, depending on your state.
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