Is a quitclaim loan enough to remove my name from my mother’s mortgage?

I am on my mother’s mortgage. I do not live in the house and do not
contribute financially but would like to get my name off the mortgage as I
have my own family now. Is completely a quitclaim deed enough?

Asked on January 8, 2018 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, a quitclaim will NOT remove you from the mortgage. The mortgage is a contract--between you and your mother, on the one side, and the lender on the other. A contractor may only be changed--including to remove one of the parties or borrowers--with the consent of *all* parties to it: that is, the lender would have to agree to remove you, and they will not--there's nothing in it for them, since letting you off the mortgage reduces the number of people they could go after for the money. Quitclaiming will mean you no longer own the house in part, but will not get you off the mortgage. The only way off the mortgage would be for your mother to refinance in her name only.


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