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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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