Remove name of mortgage illegally

[eerelations]

I bet that the brother did, in fact, sign paperwork at the last refi that turned over the property. OP just doesn't know it.

Like button.

 

[not2cleverRed]

I do understand your asking me to have my brother log in to this sight but he's really not technically savvy..That's been one of the problems in his situation..he's a worker not a thinker and I do believe his son to be ex wife used that to her advantage to drag him through the mud..but yes his name is still on the deed but no longer on the mortgage loan..they told him that he would have to refinance the property in order to get his name back on there but we are trying to figure out how she took his name off to begin with...this while divorce has even surprised lawyers working on the case..
Isn't that fraud...
Also another question that has our family boggled..
Can the ex evict outer mother from this same property if my brother is on the deed and doesn't want my mom to move..

Thanks for any guidance that you can give our family

You're not particularly tech savvy either.

Advise your brother to create his own account with a screen name that does not resemble his real name. Bonus points if it does not contain any nickname he might be known by.
Both of you should also increase your privacy settings on social media (and post less).

I'm sorry he is having a hard go of it.

 

[justalayman]

His name was suppose to be on the loan and deed..it is no longer on there..we don't know why..That's why I was asking..

His name is still on the deed unless somebody physically erased it. It's obvious you don it understand how real property transfers are effected. When a person with an interest in real property wishes to transfer some or all of their interest to another party, they execute a deed, with themselves as the grantor and the party they are transferring the interest to as grantee. That deed lives forever. One does not remove their or any name from "the deed". If the new owner of the interest chooses to transfer all or part of their interest, they then execute a deed listing themselves as grantor and the party recieving the interest as grantee. Again, that deed lives on forever exactly as it was written.

So, at some point there was an owner of the property that transferred their interest to your brother and his wife. That deed still exists and it still has your brothers name on it.

If your brother is determined to no longer be an owner of any share of the property, either he executed a deed transferring his interest to another party or a court did it. If a court did it, it would require your brother to be given notice of the court action that allowed the deed to be executed removing your brothers interest.

What you mean to say is your brother appears to no longer be in title. That is he is no longer determined to have any interest in the property after somebody has researched the chain of title. The chain of title is created and documented by the series of deeds and any other actions that might affect title.

So, if your brother did not sign a deed as grantor since he purchase of the property, either he still holds an ownership interest or there was some court action that divested him of his ownership interest.

If he is no longer a mortgagor (the borrower in a mortgage loan), he most likely relinquished his ownership interest at the same time he was released from the mortgage loan. He is most likely either he is not telling you the truth or doesn't understand the truth.

To be certain he should research the deeds listed with the registers office to attempt to ascertain where along the way he relinquished or lost his interest in the property.

 

[UserABC]

If she took his name off the mortgage then he should thank her, but the only way to do that is to refinance. The mortgage company doesn't just take a name off, if you signed on the loan then your name is on there until it is repaid, and it would be to your benefit if your name is not on the loan.

And then you can't take a name off the deed, he would have to sign a quit claim deed. She did not forge his signature on a valid quitclaim deed.

Sorry to say the reality is probably way simpler, such as whatever the real story, his name is not on any of it and he is embarrassed to admit to you the real reason. That's also why he has probably just accepted that she did something illegal and you are the one running around trying to find out what can be done about it. I don't mean to be cynical, I've just been scammed by family and people I trust enough to look for a more likely story.