Asked in Real Estate Law for Alaska

Q: what are my options to get released from a mortgage note on a property I no longer own?

9 years ago I turned the deed over to an individual on a real estate deal that has gone bad. The current owner wants too much money in return for the deed but the mortgage note is still in my name. The note is NOT assume able and his payments are very low (under my name). How do I either get my deed back or force him to refi this mortgage note?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Alaska

A: Mortgages are seldom used in Alaska. Are you sure you are not talking about a deed of trust note?

In any rate, if you conveyed the property securing the mortgage or deed of trust, by executing a deed, you are in a difficult positon legally. You could, perhaps, argue that the deed was executed by mistake or fraud, but that would be difficult to establish.

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