Discard Break Deed For Free

In short, you cannot remove someone from a deed without their knowledge and express consent. Doing so without their consent can typically only be done through fraud or forgery, which is illegal.

The lender will need to be satisfied that you will be able to afford the mortgage as the sole mortgagor. The mortgage lender will then need to give you written consent in order to remove the other party from the deeds to your house. The lender will require the change in ownership to be carried out by a solicitor.

In the case of divorce and gifting, the party who has legal rights of ownership to the property will file a deed transfer or a quitclaim deed, granting full ownership to another party. This will effectively remove the prior owner from the deed and deny him or her any additional rights to the property.

If there's not a governing body and the deed restriction is instead with a neighbor or another party, you'll need to get their consent for release from the agreement (it's usually via a form called a Restriction Release). Once everyone has signed the Restriction Release, you can file a copy with the county.

The only way to change a recorded deed is to have a new deed prepared and recorded in the Clerk's Land Records Office. The deed on record cannot be changed. Once a document is recorded, it cannot be changed.

Notably, deed restrictions are not always legally enforceable in Texas. In order to be legally valid, a deed restriction must be reasonable, lawful, and consistent with public policy.

How to Remove Deed Restrictions in Texas. Generally, the HOA will revise the current CC&Rs using a change-tracking function so that everyone can see the proposed changes. Then, it will give notice to the homeowners of the need to amend the CC&Rs, along with a copy of the change-tracked document.