Everett, WA asked in Real Estate Law and Contracts for Idaho

Q: Can I remove unresponsive parents from deed/note after repaying?

I purchased a home with my parents in 2018, splitting the down payment equally. Since the purchase, I've been solely responsible for all mortgage payments, HOA fees, and utility bills. Despite trying to repay my parents for their portion of the down payment, they have been unresponsive. They are listed on both the deed and the mortgage. I have sent two certified letters which they signed but did not respond to. Can I take legal action to have my parents removed from the deed and the mortgage note?

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: No... You are paying off someone else's note. Owners could take possession from you. Try to buy it from them subject to the secured note and mortgage. But you will need the lender to okay you becoming the liable party. A refinance and purchase might be in order.

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