Q: If there is a sole borrower on a mortgage, but multiple on deed is it legal for the borrower to be removed from deed ?
A father bought a house. Signed a portion of the deed over to two children causing 3 people to be on the deed but dad was sole borrower in mortgage . Dad gets sick … kids removed him from deed without his knowledge but he is sole borrower on mortgage. Will bank holding mortgage have an issue with this ?
Absent some sort of fraud, there is no way the two children could have removed their dad from the deed without his knowledge and consent.
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A: While it is clearly a default to change owners, the mortgage company will not care as long as it gets paid. Also, it is impossible to remove someone from a deed without their knowledge. The only way to be removed from title is to sign a deed, which is an acknowledged document.
Steven Warren Smollens agrees with this answer
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