If my wife and I hold a private mortgage on a former home, how to we assign her part of it to me?

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If my wife and I hold a private mortgage on a former home, how to we assign her part of it to me?

Asked on February 8, 2016 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

With a very simple agreement stating that for good and valuable consideration, receipt and sufficiency of which is acknowledged, she assigns all her rights and interest in the mortgage to you. The assignment should also be filed with county clerk. While it is a simple agreement, it would be best if you let an attorney draft it for you--it should not be expensive to do so, and you can inquire of attorneys what thwy'd charge before hiring them.


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