Can the deed to my home legally be transferred to my children without my permission?
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Can the deed to my home legally be transferred to my children without my permission?
I was working with the local housing authority to gain participation into a special program that would allow me to re-mortgage my home at an exceptionally low rate. Qualification was an individual had to be 3 months behind on their mortgage. I was 2 months behind when my dead husband’s lawyer called my daughter and said my home was going into foreclosure he never called me to ask what was
going on. She contacted her two brothers, got a lawyer and put the deed in their name, which disqualified me from the program. They brought the payments up to date, but I kept telling them to call the housing authority before they did all
that. I never was asked to sign anything, but I’m still paying the mortgage, the utilities, etc. I really feel I was wronged and want my name back on the deed. I’m still being responsible for the house, why should they own it?
Asked on August 9, 2018 under Real Estate Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, YOUR property cannot be taken from you--i.e. a deed taken out of your name and put into someone else's name--without your permission. What they did is theft. You could sue to undue or void the transfer (get the deed back in your name) and also press charges against them. You need to retain an attorney to help you with this: you have rights, but it might not be easy for a nonlawyer to vindicate her rights (a lawsuit to void a property transfer is much more complicated than, say, a small claims suit.
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