How do you get someone off a deed when you are the only one on the mortgage? This is Texas.?

Question

Two friends live in a house and are both on the deed. The one whose name is not on the mortgage, and didn't get the financing, wants to kick the other one out. What rights does the mortgagee have? Can she get the other one off the deed? To reiterate: the one trying to put the other one out is on the deed but not the mortgage.

Thanks all! That's what I figured.

Another question: Could the one on the mortgage refinance and this time leave the other one off the deed? I suppose not without the other's permission, but just thought I'd ask.

Answer 1

The friend who is on the mortgage obviously did not get into that undesirable situation with an attorney's help. But it is going to take an attorney's assistance to resolve this situation. An attorney should be contacted as soon as possible..

When your friend speaks with an attorney, he/she should ask the attorney to include in the resolution the "reasonable value of the use of the property" by the person that is not on the mortgage.

Your mortgage paying friend is in a really bad predicament.

Answer 2

You would have to have the one that you want off the deed to sign a Quitclaim Deed which takes away all rights to the property. This isn't easy as it sounds unless the person agrees to be taken off. Otherwise, you would have to buy that person out. You need to also know how title was taken because everyone on title has rights.

Also the Mortgage and the Deed are two entirely separate documents and have nothing to do with each other.

Answer 3

a; it is ABSURD for anyone on a mortgage to be willing to relinquish
being on the deed. if on the mort,
one's only benefit is to be on the deed!!

b; if there is a battle for deed rights,
one should never try to settle it
via letters or phone discussions.

ONE should always go to court;
it is a very simple process and
if the judge sees no benefit to the
person on the deed not being on the
mortgage [I would not permit such]
the court can either force a person
off a deed if that person did not put money into the deal, or the judge
can force the sale of the property!
--it makes no dif whether in TX or
elsewhere--
a mortgage is for the advantage of
the lender.
I was once offered $500 to come off
a deed but I would have to stay on the
note. I said that was absurd.

Those offerors were put in jail for
fraudulent schemes.

Answer 4

Neither can kick the other out, since they apparently have equal and possibly undivided ownership, depending on how title is written. The one on the mortgage, however, is fully responsible for the payments, and the other bears ZERO responsibility for the payments.

The one who took the mortgage and naively put another on the deed is the one who is going to come out on the short end of this stick.