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
This post is for discussion purposes only and is not intended as legal advice. This post does not create an attorney-client relationship. If you are interested in retaining counsel, you may contact The Law Office of Daniel O'Brien, P.C. at 512-615-3580 to discuss further.
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
The above comments are based only on the information presented in your online question and are not meant as specific legal advice and should not be relied upon by you as legal advice. There may be other facts which would impact your situation which may not be included in your question. I have not been retained as your lawyer, and I do not possess enough information to give you a legal opinion on the outcome of your dispute nor can I completely answer your question without an opportunity to fully discuss all of the facts of your situation. I can only be retained as your lawyer by both of us signing a written engagement letter. You should retain a lawyer to advise you before making any decisions relating to the issues raised in your online inquiry. You should retain a lawyer quickly, because there may be time limits which impact your legal situation. I HAVE NOT PROVIDED ANY LEGAL ADVICE TO YOU AND URGE YOU TO GET A LAYWER. I provide a free initial consultation. If you are interested in talking with me, please call 713-666-1981.
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.
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If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.
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
** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.
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