How can we add my mother to my sister’s house deed on her house so she can use the HOA facilities?

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How can we add my mother to my sister’s house deed on her house so she can use the HOA facilities?

The house is paid for so if my sister were to take a loan out against the house and doesn’t pay it, would my mother be liable for the loan?

Asked on April 10, 2012 under Real Estate Law, Arizona

Answers:

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

Answered 9 years ago | Contributor

The rules regarding the use of the HOA faciliites need to be carefully read in order to determine who can and can not use them.  So you really just have to read them.  Can guests?  Can guestst but only a limited amount of time?  Adding your Mother to her deed may not be what you want to do legally and this type of planning needs to be explained to you carefully by an attorney or estate planner.  Could your mother be responsible for a loan?  Probably not but maybe.  I doubt they would loan on it unless she signs and if she lives there and they default she could be kicked out in foreclosure proceedings.  Get help.  Good luck.


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