Remove name from a deed

[Jason Polykoff]

I’d like to purchase a property and I’ve worked out the purchase price with the seller. However, the seller’s mother’s name is on the deed who he says he paid out (has payment documentation) but I guess never handled the deed. She’s not willing to sign documents to allow me to purchase because she feels she’s owed more money. What options do the seller have short of giving her more money? Any ideas? Thank you BP!

[David Gotsill]

This isn't legal advice, but think carefully here.

@Jason Polykoff (You/seller need to consult with an attorney in that jurisdiction, but) Seller has limited options, and you as buyer SHOULD NOT proceed without clear chain of title.  There is likely some cause of action in the jurisdiction similar to a "quiet title" claim, where the son sues the mother (in court) and the judge rules that mother no longer has a claim to title due to the sales documents that seller claims to have.  Do you want to get involved in that family drama?  This is 100% seller's bad for not getting the deed settled.

While the quitclaim suggested by @Daniel Delarosa can be very effective in some situations, it is way too risky here, where it's clear that the mother still intends to challenge.  If the suggestion was that you allow seller to transfer to you via quitclaim, here's one way that could play out to your extreme disadvantage:  Seller transfers to you via quitclaim.  A quitclaim basically says (and I'm paraphrasing to make a point) "Hey buyer, I as seller don't know what I own, and I don't promise I own it all, but what I do own I transfer to you".  So you take title under a quitclaim.  You think you own, but mom is still on a prior deed, so she still owns.  Perhaps you own whatever portion that the seller used to own (if both son and mom were on prior deed), or perhaps you own nothing and mom owns it all (if she is the only one on prior deed)?  You have to fight it out in court.  Too risky in this case.

If you're thinking of getting a loan, no way a bank will finance you in this case, since they're going to check chain of title.  In this way, the bank is on your side to make sure you get what you think you're getting.