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What should I know about being removed from a house loan?

Calexico, CA |
Filed under: Debt

My sister and I are on a house loan. I have asked her to remove me. She said she will and has only provided a quitclaim deed. I do not fully trust her. What should I know about being removed? Does she need to refinance in order to remove me? This is actually much more complicated of a situation. She signed my name to the loan without my permission. I called the local police department and it's really difficult to try to resolve.

Attorney Answers 1


A quitclaim deed is not going to get you off the loan. (I'm also puzzled as to what the quitclaim deed is supposed to do as that is a transfer of a title interest. Whose transferring their interest, you or your sister?)

Anyway, if you haven't notified the lender that you didn't sign the loan, you should consider whether you want to do that (and, depending on when it was signed and when you knew about it, you may run in to some problems with trying to get out of it now). Also realize that if you notify the lender, the lender may take legal action and it could be both civil and criminal (and, in the civil context it will have to involve you and in the criminal context it may involve you). You both could lose the property as well. (As I'm also unclear as to what deal, if any, you made with your sister, I'm not sure what to tell you as this is likely to effect the analysis as well.)

Bottom line: I would strongly encourage you to consult with an attorney before you do anything further w/r/t the bank, the police or even your sister.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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