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Can a person be removed from the deed without his consent?

Can a Person Be Removed From the Deed Without His Consent
A person can be removed from the deed without his consent, typically through a court order or government action. Below is a list of situations where a person can be removed from the deed without his consent. In all instances below, a court order is required except for seizure due to non-payment of taxes. The owner has the right to be notified of the legal proceedings and to defend his case before the court or the Internal Revenue Service. Here is a list of situations in which a person can be removed from the deed without his consent:

  • Foreclosure
  • Partition
  • Satisfaction of judgment
  • Seizure by government for non-payment of taxes
  • Criminal restitution or forfeiture
  • Eminent domain

If you receive a notice on any of the above legal proceedings, immediately consult with an attorney to discuss your options in preserving your rights in your real estate.

Foreclosure

Foreclosure is a legal proceeding initiated by a lender to recover debt of a borrower who has defaulted from the loan through the sale of mortgaged property. Default normally occurs when the borrower fails to pay a specific number of monthly payments. There are several defenses one can raise in a foreclosure proceeding such as lack of standing to sue, improper service of summons and complaint, partial or full payment, incorrect procedure observed for the 90-day pre-foreclosure notice, homeowner’s mental disability or incompetence, or an illegal mortgage loan due to unfair mortgage loan terms, to name a few. Immediately consult with an attorney as soon as you receive any type of breach letter or pre-foreclosure notice so you can defend your property rights at the soonest possible time. Can a person be removed from the deed without his consent in a foreclosure? Yes he can.

Partition

Partition of property occurs when two or more people own the same property, and one of them does not wish to own the property together anymore. The dissatisfied person files a lawsuit to compel the sale of the property and divide the proceeds. People can own property together when property is left as an inheritance to more than one person, when the co-owners were partners in the real estate or were domestic partners. When the person who does not want to co-own the property files the lawsuit, the other person wonders how to stop partition of property, and if it can even be stopped.

The person bringing the partition of property is typically the one who has the most to gain from selling the property, the person who does not live on the property or is not getting the money for it. The person who does live on the property or would like to co-own the property with the other person typically wonders if a partition action can be stopped, and if yes, how do you stop a petition to partition. Stopping partition of property is difficult, but there are some solutions here that are very effective to achieve your goals. Can a person be removed from the deed without his consent in a partition lawsuit? Not exactly, but when the property is sold, all of the owners’ names will be off the deed, so essentially yes.

Satisfaction of judgment

When an action is filed, a decision is rendered by the court, and a judgment is entered, such judgment can be enforced. When the judgment includes an order to pay a sum of money, the creditor can collect by finding the debtor’s money and enforcing the judgment. In the case of real estate, the creditor can file the judgment in the county clerk’s office where the debtor has real estate. Once filed, the judgment becomes a lien on the property, and the debtor cannot sell the property without paying the creditor. Sometimes, the debtor has already paid the creditor but the lien on the property remains. If you have a lien on your property and would like to remove it, consult with an attorney so you can remove the lien and sell your property. Can a person be removed from the deed without his consent through a satisfaction of judgment? Typically no. The judgment creditor would have to wait for the owner to sell the property in order to get the judgment satisfied, unless the judgment is related to the property, and then yes.

Seizure by government for non-payment of taxes

The Internal Revenue Service (IRS) can seize real property, if it is a second home or similar, without a court order. The IRS cannot seize real property without a court order if it is the taxpayer’s primary residence. Normally, the IRS gives several notices and opportunities for the taxpayer to pay before real property is seized. Once seized, the IRS will sell the taxpayer’s interest in the property and apply the proceeds to the tax debt. There are several ways to resolve the taxpayer’s debt with the IRS in order to avoid seizure of real estate or to return the seized property back to the taxpayer, such as entering into an installment agreement or offer in compromise. There is also an appeals process, in case the IRS denies the request to return the seized property back to the taxpayer. In case you receive an assessment notice from the IRS, immediately consult an attorney in order to ensure that the tax debt is resolved without incurring additional penalties and interests. Can a person be removed from the deed without his consent when the property is seized for non-payment of taxes? If the property is a primary residence where that person lives, than typically no, as the government does not like the bad publicity. But if this is a second home or investment property, then probably yes.

Criminal restitution or civil forfeiture

There is criminal forfeiture when the government confiscates assets of those who have been convicted of a crime. These assets must have been directly or indirectly obtained as a result of the crime. Civil forfeiture, on the other hand, requires no criminal conviction and seizes assets that are suspected of being connected to criminal activity. The power to seize assets through civil or criminal forfeiture can be abused. For this reason, consult with an attorney, especially in cases of civil forfeiture when there has been no criminal conviction yet. Can a person be removed from the deed without his consent for criminal restitution or civil forfeiture? Possibly, especially if the person bought the property with funds obtained from the underlying alleged wrongdoing.

Can a person be removed from the deed without his consent through eminent domain?

Eminent domain is the power of the government to take private property for public use upon payment of just compensation. If the private property owner refuses to sell his property to the government, the government can institute a complaint in condemnation with the court. The court will decide whether the property is being taken for public use and will ascertain the proper amount of just compensation. Given the nature of the complaint, defenses that can be raised are that the property is not being taken for public use or the amount of compensation is not just. Can a person be removed from the deed without his consent due to eminent domain? Typically the government likes to negotiate first, but if all else fails, it is possible for the government to remove a person from a deed through eminent domain.

As provided in above instances, removal of an owner’s name from a deed without his consent is generally not allowed, unless there is a court order or in cases of exceptional circumstances. If you fall under any of the exceptional circumstances and have received notices of legal proceedings to remove your name from the deed or take your property interest, we at the Law Offices of Albert Goodwin are here for you. You can call us at at 718-509-9774 or email at attorneyalbertgoodwin@gmail.com.