If a house deed is in 3 names And I pay the mortgage but, the loan is in my brothers name can he sale the house without my signature in the deed?

In 2009 my mother passed and left the house to all 3 kids, my older sister, my youngter brother, and myself. All 3 names are on the deed. there was a mortgage still left on the house and thought we put the mortgage in my brothers company account with only his name on it, All 3 names are on the deed. Now he has expressed an interest in saling the house even though I live in the house with my wife and family and have made ALL the mortgage payments and upkeep expenses out of my pocket. The other 2 kids pay nothing. Can he sale my home out from under me without me signing the deed and giving permission to sale my part. I am disabled and can't easily move in the 1st place, and can't afford to buy the house either. So, what options do I have? Keep in mind all mortgage payments, taxex and insurance have been paid by me.
(1) | asked by: Roy Lane | share | 24 months ago | Report
150 characters left
Answer Tips: Share your knowledge. Be on-topic . Refrain from self-promotion.
* Refer to our community guidelines.

Answers

Viewing Answers 1 - 7 of 7
James Davis
answer by James Davis   |  
What concerns me most about this question is that the mortgage is being paid through a company account. While the house may have been left to all three siblings I'd check to determine whether or not the property was transferred through a quit claim deed without two of the siblings knowledge. In general, however, and taking contract law into perspective, in order for the sale to be complete all three siblings must sign off on the sale. First, and foremost, consideration has to be given to the property laws of the state where the property is situated. But, contract law is generally controlling. In summary, if all things are equal, the property cannot be sold unless all three deeded owners sign off on the property.
0
0
Answer Helpful?
23 months ago  |   Report   |   share
answer by Susan Holwadel   |   Visit My Website   |   Contact Me
Roy Lane You mentioned that your name, your older sister and your your younger brother's name was on the deed. You also indicated that you all may have put the mortgage in your brothers company's account with only his name on the deed. You need to talk to your brother and get a copy of what is really the case. Since you are making all the payments, I'm sure your brother would agree to help you contact an attorney and get the deed written the way you, your older sister and younger brother agree to it. Best Regards!
0
0
Answer Helpful?
23 months ago  |   Report   |   share
answer by Amanda Nicodemus   |   Visit My Website   |   Contact Me
I'm sorry that one of your siblings is thinking about selling the house that was left by your mother. But since the deed is signed by 3 people, regardless if they're related or not, all 3 people would need to agree and sign the documents at closing. There may be other options available to you since you are the only one making the mortgage payments. I would suggest talking to an attorney for legal advise. Best of luck to you.
0
0
Answer Helpful?
23 months ago  |   Report   |   share
answer by Elise Timpe   |   Visit My Website   |   Contact Me
A house can not sale without the signature of everyone on the deed to the best of my knowledge. I'm not an attorney and you should ask an attorney. I've heard that many attorneys will meet with you initially at no cost to determine if they can help you.
0
0
Answer Helpful?
23 months ago  |   Report   |   share
answer by Carolyn Biddle   |   Visit My Website   |   Contact Me
You may be able to refinance and buy out your sibling's interest in the property. Another option is to have a lawyer draw up a mortgage to sell you his/her interest, at whch time you have his /her name taken off title. Consult a Mortgage company or lawyer in you area for this. however, no one person can sell the house without all 3 consent of the title holders.
0
0
Answer Helpful?
24 months ago  |   Report   |   share
answer by Vivianne Rutkowski   |   Visit My Website   |   Contact Me
Every buyer who purchases real estate has a legal right to receive a clean marketable title. At this point, unless you and your siblings agree to the sale, the property is not salable. This is a legal question, therefore you and your siblings need to contact a lawyer. Good Luck.
0
0
Answer Helpful?
24 months ago  |   Report   |   share
answer by Cindy Smith   |   Visit My Website   |   Contact Me
All people on the deed must sign to sell the home. Please consult with an attorney about your rights on this issue.
0
0
Answer Helpful?
24 months ago  |   Report   |   share
Please read Homes.com's Questions & Answers Community Guidelines.