If my aunt bought the building we live in and it has a mortgage but she later added my father as a joint tenant with rights of survivorship, can she change that?

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If my aunt bought the building we live in and it has a mortgage but she later added my father as a joint tenant with rights of survivorship, can she change that?

Can she change the joint tenancy and or rights of survivorship to include me so that the property transfers to my father and myself? Only her name is on the mortgage.

Asked on November 21, 2014 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There are at least two issues with matter: one, that your aunt would be the only person financially liable while you andyour Dad would benefit with out liability and two, if the bank will object.  Generally you can add a person tot eh deed but it could violate the terms of the mortgage and trigger a full payment thereunder.  So I would double check that first.  Good luck.


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