How to remove a name from a mortgage?

To be clear, the mortgagor is the person taking the loan and giving the creditor a security interest in real property. The mortgagee is the creditor, typically a bank. Which court document depends on what type of proceeding you are involved in. If you are asking about a foreclosure action, the mortgage instrument is typically filed with the petition/complaint initiating the action. However, I'm an Oklahoma attorney, not a Georgia attorney, so I don't know if the same requirement applies to filings in your state. However, that's what is typical. The problem is that the loan is often sold, so the promissory note and the mortgage are assigned to other companies. The manner in which that happens varies by state. There might be attachments showing the documents were assigned to other financial institutions who presumably bought the note and mortgage. Those are usually pages attached to the back of the mortgage agreement. Also, there is a company called the Mortgage Electronic Registration, Inc. ("MERS") that tracks ownership of loans without making a separate assignment each time a loan is transferred from one financial institution to another. In a MERS case, there is typically a statement from MERS, often in a long legalese document called an affidavit. Somewhere in that affidavit, it likely says who the present owner is. Alternatively, the affidavit simply verifies that some other document is a true copy of their business records, and THAT document will have the mortgagee information. For more detailed information, you will need to take whatever documents you have and whatever case information you have (especially the case number) to an attorney in the state where the property is located, preferably in the county where the property is located. Good luck!

Here are a couple MN law firms that work in this area: Burns Hanson Law Firm 952-232-5991. Fields Law Firm 612-370-1511

Technically, no, such an agreement is not "required." However, you are smart to avoid putting all of your faith in a pre-existing friendship (for the benefit of ownership and the friendship). A strong agreement should cover things such as use and payment of rent between the co-owners, duties of repair, payment of expenses/taxes, the sale of the property, assignment of rights, survivability, and any other thing you can think of that might occur during the time you own the property.

Hello! It appears you may have grounds to terminate the land sales agreement based on the seller’s failure to provide the title within the agreed 60-day timeframe. In most land sale agreements, the seller’s timely delivery of a clear and marketable title is a key obligation, and failure to meet this requirement often constitutes a material breach of contract. In other words, CA law requires that parties perform within a reasonable time, and if they do not, it becomes a breach. Given that it has been six months, this delay may be seen as a significant breach, particularly if your construction plans are contingent upon timely access to the property. To move forward, you may wish to formally notify the seller in writing of their breach and request immediate delivery of the title, specifying a final deadline. Best of luck to you! Dolan

Your rights will depend in part on the specific terms of the rent-to-own agreement, but generally a valid lease with an enforceable option to purchase may bind a subsequent purchaser. If the option was not recorded or the conservator obtained court approval to sell free of encumbrances, your remedies may be affected. A full analysis would require reviewing the written agreement, the probate or conservatorship court orders, the sale documents, and the current status of title.