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 | 59 months ago | Report
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answer by Cindy YEPEZ
We have a company owned by three brothers The company bought some property that was owned by one brother Now the company wants to sell the property, one brother wants to buy out the other brothers The other 2 brothers thinks it's ok to sell the property to someone else when they know that their other brothers wants to buy them out. My question is since all three own the company 1/3 each Do all three have to sign the docs in order for the sale to this other person to be able to buy the property This is in Texas Since the three own the company and company owns property!
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.
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!
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.
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.
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.
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.
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