QUESTION

How to make sure the house ends up in my name in the end? Took over payments for my parents and just want a document to show it will be mine when paid

Asked on Nov 01st, 2011 on Real Estate - North Carolina
More details to this question:
My step mom and my dad have two homes. I have been living in one of them remodeling it and paying the morage for the past three years. I am just wanting to know if there is some kind of document or something we can all sign saying that when its paid off it will be mine. I dont really trust my step mother to do the right thing if something were to happen to my father. The house is my home and my credit is not really good enough to refinance and the house is old so it would be hard to get everything to code to pass inspection 100%. This is my home and i have worked very hard to fix it. I have a good job and have spent alot of money in the house but before i spend more i really wanna make sure that I will not be the one looking stupid in the end. Please help if you can. Thank you!
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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You are wise to begin asking questions now.  There are several difficult issues.  The easiest solution to the concern would be for your dad and step-mom to simply convey the property to you subject to the mortgage --- but they can't do that for the following reason.  The first issue arises from the fact that there is a mortgage on the property.  It is almost certain that there is a "due on sale" clause in the mortgage.  That means the transfer of any interest in the property by your dad and step-mom to you would be a violation of the mortgage terms and would give the mortgage holder a basis for foreclosing -- unless you could obtain a written consent from the lender to allow the transfer.  Getting such consent is unlikely but, if the lender is a local bank, it might be worth a try if your dad and step-mom are willing to make the conveyance.  It is likely that even a contract to convey the property in the future would be deemed by the courts of your state as a violation of the "due on sale" clause.  Any other approach (short of an outright conveyance) would be uncertain, but may be all that you can reasonably get.  For example, your dad and step-mom could have wills prepared whereby they leave the property to you.  However, a will can be changed by either of them at their whim.  We don't know whether their deed is prepared in such a way that, if either of them dies, the title shifts entirely to the survivor.  If they have such joint ownership, your dad's death would leave the title entirely to your step-mom even if he has a will saying you get the property.  And if your step-mom dies without a will, her property (which would then include your home) would go to her heirs.  You are not an heir to her.  I recommend that you see a good real estate attorney in your area and ask him/her to research the title to your home to see exactly how the title is vested presently and to then advise you on what you can and should do to better protect your interests.  The cost of a limited title examination and a couple of conferences should be modest.   
Answered on Nov 04th, 2011 at 9:52 AM

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