how to pull a buyer's name from the contract

**ycocao** · 09-29-2009, 05:07 PM

I am helping a couple to buy a house, for some reason, the husband wants to remove his wife's name from the contract, how should I handle it, does he need a good reason?

Many thanks for your help!

ycocao

**dognponyshow** · 09-30-2009, 05:35 AM

How far along is the contract? Is what he really wants that only his name is on the mortgage and/or the deed? If so, that issue needs to be addressed with the lender and title company, it has nothing to do with the contract. The most likely reason he wants to remove her name is that she has a bad credit history and will adversely affect the mortgage process.

If it's a cash sale, it's just the names on the deed, and suggests a problem outside the realm of real estate sales

Good luck.

**Dionisia** · 09-30-2009, 07:46 AM

You should need to know whether the cash will be from both of them or
only from the husband, well in this matter the one who will release
money will give out orders on what to do, well this is a personal matter that
the couple should talk about, maybe the husband has its own reason for
this thing.

**ycocao** · 09-30-2009, 09:13 AM

Originally Posted by dognponyshow

How far along is the contract? Is what he really wants that only his name is on the mortgage and/or the deed? If so, that issue needs to be addressed with the lender and title company, it has nothing to do with the contract. The most likely reason he wants to remove her name is that she has a bad credit history and will adversely affect the mortgage process.

If it's a cash sale, it's just the names on the deed, and suggests a problem outside the realm of real estate sales

Good luck.

The inspection is done, and the husband is applying for loan. But the mortgage can have just his name, not necessarily change the contract/title. Seller agent told me to get an amendment, loan letter, and a reason to change the names. What I should say in the amendment? Both the husband and wife should sign the amendment, right?

**ycocao** · 09-30-2009, 09:17 AM

Originally Posted by Dionisia

You should need to know whether the cash will be from both of them or
only from the husband, well in this matter the one who will release
money will give out orders on what to do, well this is a personal matter that
the couple should talk about, maybe the husband has its own reason for
this thing.

That thought was also in my mind, even though it is not my problem to worry, I do notice something between them. The wife eventually agreed with the change, but does this really "protect" the husband's interest?

**dognponyshow** · 09-30-2009, 11:45 AM

Originally Posted by ycocao

The inspection is done, and the husband is applying for loan. But the mortgage can have just his name, not necessarily change the contract/title. Seller agent told me to get an amendment, loan letter, and a reason to change the names. What I should say in the amendment? Both the husband and wife should sign the amendment, right?

I guess I'm just dense -- what does it matter who signed the contract as long as the names are the way they want them on the mortgage and deed? It's beginning to sound as though they have a situation that needs consultation from an attorney.

**adell50** · 10-01-2009, 11:54 AM

It may depend on the state. In California, both need to sign the document and both will be on the deed.

A possible away around this is if one of them created a corporation and then had the corp purchase the property...but things could get fuzzy in the eyes of the courts

**spark26** · 10-12-2009, 05:37 AM

Hi Can i know how 2 pull a buyers name from da contract

**ycocao** · 10-12-2009, 09:12 AM

Originally Posted by spark26

Hi Can i know how 2 pull a buyers name from da contract

Yes. Get an addendum for the name change, sometimes, seller may also request an explanation for the change, and make sure all the original people sign the documents.