Real estate help: Boyfriend and girlfriend buy a home together with a loan from bank. Boyfriend and girlfriend are now separated and both agree that girlfriend will live somewhere else. Both agree that they would like to take girlfriend off the deed but also off the hook with lender bank. What would you do in this situation as attorney for girlfriend?

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Frankly, I think it’s unlikely that there’s going to be a lot you can do. If boyfriend can qualify for a loan on his own, just refinance and get gf off the deed. Otherwise the transfer will probably be an event of default under the mortgage. The other alternative is to sell the property, pay off the loan at closing, and let them go their separate ways. It’ll ultimately depend on the terms of the note and the mortgage— but based on what I’ve seen those are going to be the best options here.

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Have boyfriend refinance and have her execute a deed to be recorded simultaneously. This is the easiest way I’ve found to do it. Also, based on when they bought the rates may actually be lower and if he can get it re-appraised with a new waiver he may even be able to get rid of PMI.

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Partition if it gets messy

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Did this recently, but I represented girlfriend who wanted off. They got a loan assumption for the mortgage and executed a new grant deed. It was all coordinate through an escrow officer.

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Yes, it’s usually just having the BF refinance and they both execute a deed conveying title solely to BF.

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As attorney for the girlfriend I’d want to make sure she recovers whatever equity she has in the house.

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