Summary
The user inquired about the possibility of a mortgage company changing the name on the deed to a property while keeping the mortgage the same, without the consent of the person on the mortgage. The user is located in Virginia and the person on the mortgage is her husband, with whom she is trying to separate. Their son, who is 28, is currently paying the mortgage and wants the property in his name. The mortgage is up to date and the mortgage company is Fay Servicing. The husband is not consenting to the name change on the deed. The user was advised to consider seeking legal advice or mediation, and to consider filing for a court order to force the change in deed.Full Conversation
Virginia
Can you please clarify if the person on the mortgage has given consent for the name change on the deed?
He has not
In Virginia, a mortgage company generally cannot change the name on the deed without the consent of the person on the mortgage. It's advisable to consult a local attorney.
But he is not paying the mortgage
What steps have you taken so far to address this issue? In Virginia, if a borrower defaults on their mortgage, the lender may initiate foreclosure proceedings.
talking to mortgage trying to figure out if they can change the name on the property but let us continue to pay mortgage as it is
What is the relationship between you and the person whose name is on the mortgage?
husband
What is the current status of your relationship with your husband? Are you separated, divorced, or still together?
we live together but he but are trying to seperate
What is the reason for wanting to change the name on the deed while keeping the mortgage the same?
My son is paying the mortgage it has low interest rate but he wants the property in his name
What is the age of your son? In Virginia, a person must be at least 18 years old to hold a title to real property.
*
What is the current status of the mortgage? Is it in default or are the payments up to date?
up to date
What is the name of the mortgage company? This will help me provide more specific information. In Virginia, generally, the person on the mortgage must consent to any changes on the deed.
fay servicing
What is the reason your husband is not consenting to the name change on the deed?
he is pardon my french an ass
What steps have you taken to discuss this issue with your husband?
we sit down and talked but he doesn't want to pay mortgage but doesn't want to sighn anything
What is the reason your husband doesn't want to sign anything? In Virginia, both parties must agree to change the deed.
like i said he is and ass
Have you considered seeking legal advice or mediation to resolve this issue?
yes he won't do either
What is the reason your husband is refusing to seek legal advice or mediation?
he doesn't care
Have you considered filing for a court order to force the change in deed? In Virginia, courts can intervene in such matters.
didn't know i could do that how do i do that
To file for a court order, you'll need to consult with a local attorney who can guide you through the process. In Virginia, the court system can be complex, so professional help is recommended.
okay thanks i will check into that
You can contact the Virginia Judicial System for more information. Here are the details:
- Phone: (*) *-*
- Address: * North Ninth Street, Richmond, VA *
thanks again
You're welcome! If you have any more questions in the future, don't hesitate to ask. Good luck with your situation.
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