About Eric Sexton Expertise All aspects of buying and selling homes including: General real estate questions, Contracts, Negotiations, surveys, title work and general questions about mortgages. I CAN NOT GIVE LEGAL ADVICE AND WILL NOT BE ABLE TO ANSWER QUESTIONS WHERE LEGAL ADVICE IS NECESSARY.
Experience
I have been a real estate agent for 6 years and a broker for 2 years.
Organizations National Association of REALTORS and Texas Association of REALTORS.
Expert: Eric Sexton Date: 10/24/2007 Subject: Assumption of Mortgage Loan and Transfer of Title
Question I am recently divorced and in the process of formally assuming the mortgage on the home purchased by my ex-husband and myself. His name is currently on the title and the mortgages but via the assumption process, the lenders are enabling me to formally remove his name off of the mortgage making me solely responsible for the mortgage going forward. As the loan closing I have to have his name removed from the title and have the title transferred into my name. As a part of the divorce, his lawyer drew up a Special Warranty Deed which he will sign. We are trying to keep the lawyers to a minimum but we are unsure of how we need to proceed with the transfer of title. Can you please explain this process and let me know how much (or little) a lawyer needs to be involved in this process? Thanks.
Answer If the divorce attorney has drawn up the deed it will need to be recorded. The fee from the attorney for the recording is probably not going to be enough to be worried about. He might have included it as part of writing the deed. I would check with his lawyer to verify.
You could always record the document yourself. Check with the county to see what is involved.
