Very simple question how do you get put on title of home if you are all ready on dead of trust? pain and simple.

Asked over 1 year ago - Austin, TX

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Attorney answers (5)

  1. Daniel O'Brien

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    Contributor Level 12

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    Answered . The deed of trust does not convey ownership interest to you. You need a deed from the title owner. That may be a deed, warranty deed, special warranty deed. If there is a deed of trust, which usually relates to financing the property, then there is likely already a deed. It should be recorded in the real property records of the county in which the property is located. Obtaining legal title to the property is dependent on the underlying deal. There isn't enough information to ascertain how one can accomplish your goal based on the information provided other than to say get a deed. You should speak to an attorney if there are problems with your title.

    This post is for discussion purposes only and is not intended as legal advice. This post does not create an... more
  2. Andrew Daniel Weisblatt

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    Contributor Level 12

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    Answered . The person who owns the home would have to sign a deed granting you an interest in the home. Doing so, however, may be a default of the note. You should have a lawyer look over the papers. It should not be expensive. I hope you found this response helpful! If so, please take a second and click the “helpful” button below. If you were really impressed, you could even click the “best answer” button! Thank you and best of luck.

    The above comments are based only on the information presented in your online question and are not meant as... more
  3. Orsen E. Paxton III

    Pro

    Contributor Level 18

    Answered . Unfortunately, neither your question nor the answer is "plain and simple". I suspect, and this is just a guess, that you are obligated on the promissory note and under the deed of trust because your credit was needed to get the loan for the actual owner of the home. If that suspicion is correct, you have an obligation to pay the debt without any ownership interest in the collateral. This is most often seen when a spouse is living in the separate property home of the other spouse and there is a refinance accomplished. The lender requires the non-owning spouse to sign off on the note and deed of trust in order to cover any possible rights the non-owning spouse might have for reimbursement for payments made on the note in a divorce. As has been noted by another lawyer, any conveyance of any interest by the owning spouse without the written consent of the lender could be an act of default on the loan even if all payments are current. If you and your spouse want you to become an owner of the house then you both need to consult with an experienced real estate lawyer. Preferably you should each have your own attorney.

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.
  4. Michael T Millar

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    Contributor Level 19

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    Lawyer agrees

    Answered . Have your name added to the deed.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  5. Eric Jerome Gold

    Pro

    Contributor Level 19

    Answered . Consult with a local real estate attorney for guidance and direction in adding your name to the deed.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more

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