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Old 05-13-2016, 01:10 PM
 
946 posts, read 1,135,034 times
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Wife purchased a house (prior to our marriage) and she is now selling it to her sister. However, my signature is required on two documents, a general warranty deed with assumption and a cash settlement statement. Is this normal?

This would be for the state of Texas, thanks.
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Old 05-13-2016, 01:16 PM
 
Location: Raleigh-Durham NC
902 posts, read 1,104,295 times
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just a basic transfer (quitclaim deed) i see no liability on your part

is she assuming a mortgage?.... if so you will be on the hook if she fails to make payments?

is the mortgage solely in your wife's name?... doesn't matter.... if you are married you are on the hook for your wife's loans too

if so, your credit score will go down every time she pays late

more details please
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Old 05-13-2016, 01:27 PM
 
946 posts, read 1,135,034 times
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Quote:
Originally Posted by azsportpilot View Post
just a basic transfer (quitclaim deed) i see no liability on your part

is she assuming a mortgage?.... if so you will be on the hook if she fails to make payments?

is the mortgage solely in your wife's name?... doesn't matter.... if you are married you are on the hook for your wife's loans too

if so, your credit score will go down every time she pays late

more details please


is she assuming a mortgage? My wife is currently on the mortgage, however she is selling the house to her sister for the price of the standing mortgage balance.
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Old 05-13-2016, 01:37 PM
 
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Quote:
Originally Posted by surferdude949 View Post
Is this normal?
Many states require spouse signature on real estate deals.
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Old 05-13-2016, 01:49 PM
 
Location: Raleigh-Durham NC
902 posts, read 1,104,295 times
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if there is no loan on this house then there is nothing to worry about

if there is a loan?, well I have never heard of a bank or private lender releasing any of the borrowers when a new borrower assumes the loan

lenders love loan assumptions because it increases the number of people on the hook for the payments

if the lender is releasing you and your wife from any financial responsibility then it needs to say that in writing

don't wait till you get to the lawyers office and try to read these documents while they are standing there, request a copy of all documents 48 hours in advance so you may review them at home slowly
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Old 05-13-2016, 01:52 PM
 
Location: Raleigh-Durham NC
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why doesn't the sister just go out and get her own new loan?

rates are at record lows right now (3.75% as of 05/13/2016)

if she does not qualify for a new loan....... then she does not qualify for the loan assumption (without a cosigner, that's you)

the lender accepting her assumption is probably based on your wife (and you by proxy) still being liable for the debt
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Old 05-13-2016, 01:54 PM
 
Location: Stuck on the East Coast, hoping to head West
4,640 posts, read 11,932,465 times
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I wonder if it has something to do with Texas being a community property state? I realize that since your wife bought it before you were married, it would be her property, but still.......
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Old 05-13-2016, 01:57 PM
 
Location: Virginia
10,091 posts, read 6,424,617 times
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OP said his wife was selling the house for the price of the mortgage balance - that doesn't necessarily mean the sister is assuming the loan. She may simply be paying off the balance of the mortgage loan. People are making assumptions here.
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Old 05-13-2016, 02:04 PM
 
Location: Raleigh-Durham NC
902 posts, read 1,104,295 times
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Quote:
Originally Posted by 399083453 View Post
Many states require spouse signature on real estate deals.
yes, that is because the spouse is financially liable for debts incurred by the other spouse, even if those debts were incurred prior to marriage
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Old 05-13-2016, 02:15 PM
 
Location: Georgia, USA
37,105 posts, read 41,238,832 times
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Quote:
Originally Posted by azsportpilot View Post
don't wait till you get to the lawyers office and try to read these documents while they are standing there, request a copy of all documents 48 hours in advance so you may review them at home slowly
You should get them in advance, but you still need to reread them before you sign. Everyone can just twiddle their thumbs while you do it. Get there a few minutes early.

Never sign something you have not read, especially legal documents where large sums of money are at stake.
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