Three people names are on the deed to a house.

Asked over 1 year ago - Miami, FL

my mother and i purchased a home which we needed a co-signer which placed all three of our names on the deed as owners of the home.The home is paid for and my mother is now deceased. A check came from the mortgage company with only two of the names on the check, is that legal? I have a completed copy of the warranty deed which was notarized and prepared by the title company.

Attorney answers (4)

  1. Marshall C Deason Jr.

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . The answer to your question depends on the way in which the three of you held title to the property. Were you tenants in common, joint tenants with the right of survivorship, or did you have some other type of ownership? The answer may also depend on which two names were put on the check. You should consult an experienced real estate lawyer in your area about this situation. Your lawyer can review your documents and give you a more complete answer to your question.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
  2. Douglas Ron Coenson

    Contributor Level 14

    6

    Lawyers agree

    Answered . In addition to Mr. Deason's response, people often get confused between the deed (title) and the mortgage. It is possible to have more names on the deed than on the mortgage note. An attorney will need to review both the deed and mortgage to determine the answer to your question.

    Douglas R. Coenson, Esq.
    coensonlaw@juno.com
    (561) 315-2120
    Jupiter, FL

  3. Michael S ('Mike') Hagen

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . Mssrs. Deason and Coenson are correct. To further elaborate beyond the scope of your question, this would be the appropriate time to review and reevaluate with a real estate attorney the ownership scenario as to this home. Did your mother's share pass to the other two owners by operation of law or is it now in her estate? If it is in the estate, was it her homestaed? What was and is the role of the "co-signer" and would this be the time to buy that individual out or to sell the home? Hagen Law Firm here in Fort Myers focuses its' practice on real estate law strategies to assist with such considerations.

  4. Rex Edward Russo

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . I generally agree with the others. You need to be more specific. Also, why was the mortgage company sending the title holders (or two named) a check?

    The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many... more

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