Jacksonville, FL asked in Foreclosure and Real Estate Law for Florida

Q: One borrower but 2 people on deed. How to remove one of the people?

My dad is old and let a woman talk him into buying a house. He is the only one listed as the borrower, however he has her and his name on the deed. He has never stayed there and has been paying the mortgage for almost 10 years, she had never paid at all. We have asked her to remove her name from the deed but she won't. He can continue to pay but it's very hard and he is going without.

We want her out, so he can rent it out. Is there anyway to get her out? Someone said that we should just let it go into foreclosure. They said once it goes into foreclosure the bank will give first dibs to him, if he wants to get it back. With him getting it again her name will be off the deed. Will this be a way to get her name off? Is this really something we can do?

Related Topics:
Lawyers: To answer this question, please Log In to your account.
1 Lawyer Answer
Answered
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: I suggest that the advice you received is not accurate on how foreclosure works. Simply put the lady does. It have to voluntarily take her name off the deed. Since you've asked her and she has not your only option will be a legal action.

The only option that sounds remotely feasible, based upon the facts you state, is an action to impose a constructive trust.

You need to hire a real estate attorney from the area where this property is located.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.