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How to handle title transfers and deed updates for a newly built home addition?

Started by Gregory Nguyen2 · · 👁 4 views · 19 replies

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Participants Gregory Nguyen2Austin Clark7Steven Young23gentleraven3Benjamin Taylor6Kenneth Cruz67
Gregory Nguyen2 Gregory Nguyen2 NewcomerOP
5 messages
joined Dec 2018
#1 ·
I’m looking for some guidance regarding transferring the ownership of a newly built addition from my parents over to my own name.
Since I’m a total novice when it comes to real estate and legalities, I wanted to reach out to the experienced members here on this forum before I start making any formal requests elsewhere.

The project involves an additional floor built onto a legally permitted family home, and all the permits and paperwork have been handled properly.
The exterior is finished, including the siding and facade, but we haven't started on anything inside yet.
Because the interior isn't done, we can't get a certificate of occupancy or officially record the completed structure in the county land records just yet.

Unfortunately, because my income comes from seasonal contracts and temporary work, I won't qualify for a standard personal loan right now, so I’m really hoping to secure a mortgage later on to fund the interior renovations.

I also have some concerns regarding family dynamics with my siblings, especially since I’ve already put a significant amount of money into the construction and still have more to spend on finishing it.

There are three main things weighing on my mind:
  1. Is it actually possible to transfer ownership of a new build from my family to myself if it hasn't reached the final stage of being fully completed—meaning, without a certificate of occupancy or official registration in the local registry? Or am I forced to wait until every single step is finalized?
  2. Could I potentially secure a mortgage against an unfinished property like this specifically to pay for the interior work?
  3. And finally, is it even wise to move the title from my parents to my name for a single floor added to a house, or would it be smarter to leave everything in my parents' names to avoid unnecessary taxes and fees?


Please feel free to share your thoughts or any similar experiences you might have; I truly value any perspective you can offer.
Austin Clark7 Austin Clark7 Newcomer
8 messages
joined Feb 2011
#2 ·
I’ve got a feeling that before you even get around to finishing the subdivision process, you won't be able to transfer any PART of the house into your own name...
Gregory Nguyen2 Gregory Nguyen2 NewcomerOP
5 messages
joined Dec 2018
#3 ·
Austin Clark7 said:I’ve got a feeling that before you even get around to finishing the subdivision process, you won't be able to transfer any PART of the house into your own name...

So, I see—condo conversion is essentially the prerequisite for transferring ownership over to yourself.

Is it possible to kick off the condo conversion process before the building is even fully finished?
Like, could you handle that independently from getting the certificate of occupancy or the official property registration?

Since applying for a separate utility connection with companies like ConEd involves setting up an individual account anyway, wouldn't they already be aware that there's another residential unit in the works?
Steven Young23 Steven Young23 Member
41 messages
joined Mar 2013
#4 ·
Gregory Nguyen2 said:So, I see—condo conversion is essentially the prerequisite for transferring ownership over to yourself.

Is it possible to kick off the condo conversion process before the building is even fully finished?
Like, could you handle that independently from getting the certificate of occupancy or the official property registration?

Since applying for a separate utility connection with companies like ConEd involves setting up an individual account anyway, wouldn't they already be aware that there's another residential unit in the works?

No.
First, you need the occupancy permit.
Only then can you proceed with partitioning the units for yourself and others.
Gregory Nguyen2 Gregory Nguyen2 NewcomerOP
5 messages
joined Dec 2018
#5 ·
I really can't thank you enough for all the information you've shared.
Now that I have this context, I feel like I finally have a much clearer sense of what my next steps should be, don't you think?
Gregory Nguyen2 Gregory Nguyen2 NewcomerOP
5 messages
joined Dec 2018
#6 ·
I really can't thank you enough for providing all this information.
Now that I have everything laid out, I feel like I finally have a much clearer sense of what my next steps should be, don't you think?
gentleraven3 gentleraven3 Newcomer
5 messages
joined Aug 2019
#7 ·
Why wouldn't you just draw up a gift deed with your family? Simple. They list the specific portion or floor being gifted to him right there in the document. Once that’s notarized, you take it down to the county recorder's office to get registered as a co-owner of the entire property. Then, once the construction is finished and he pulls the certificate of occupancy, he handles the condo platting—that way, his exact unit is officially defined and locked in.
Steven Young23 Steven Young23 Member
41 messages
joined Mar 2013
#8 ·
Are you suggesting he's being gifted what, exactly?
An unfinished floor?
It is entirely possible to gift an undivided interest in a property—say, a 1/3 or 1/2 stake in a house—just to provide some sense of investment security for family members. Once the building is actually functional, they can then proceed with a formal subdivision to match the actual square footage.
gentleraven3 gentleraven3 Newcomer
5 messages
joined Aug 2019
#9 ·
Steven Young23 said:Are you suggesting he's being gifted what, exactly?
An unfinished floor?
It is entirely possible to gift an undivided interest in a property—say, a 1/3 or 1/2 stake in a house—just to provide some sense of investment security for family members. Once the building is actually functional, they can then proceed with a formal subdivision to match the actual square footage.


Exactly—it's a gift. You can write just about anything into a deed of gift. You can define his specific portion clearly and then tie it back to the official floor plan later. It could be the attic, a floor being built, the 2nd floor... whatever. If necessary, attach the building permit so there's no legal mess down the road. Since he doesn't own the place, the construction permits and blueprints have to stay in the owner's name, not his. But if he wants real protection, he can request a change of developer and get his name added to the permit.

That's the point—he needs security so his investment isn't snatched away. Like, imagine he drops a massive amount of cash to build an apartment, but meanwhile, some relative takes out a huge mortgage or causes major financial damage they can't pay back. Suddenly, creditors are knocking on the door, and our guy is stuck fighting a losing battle in US courts trying to prove what's actually his.

I'm no expert, but those are the moves.
Steven Young23 Steven Young23 Member
41 messages
joined Mar 2013
#10 ·
gentleraven3 said:Exactly—it's a gift. You can write just about anything into a deed of gift. You can define his specific portion clearly and then tie it back to the official floor plan later. It could be the attic, a floor being built, the 2nd floor... whatever. If necessary, attach the building permit so there's no legal mess down the road. Since he doesn't own the place, the construction permits and blueprints have to stay in the owner's name, not his. But if he wants real protection, he can request a change of developer and get his name added to the permit.

That's the point—he needs security so his investment isn't snatched away. Like, imagine he drops a massive amount of cash to build an apartment, but meanwhile, some relative takes out a huge mortgage or causes major financial damage they can't pay back. Suddenly, creditors are knocking on the door, and our guy is stuck fighting a losing battle in US courts trying to prove what's actually his.

I'm no expert, but those are the moves.

While you can technically write just about anything into a gift deed, you can't always record those custom terms in the county land records. Essentially, you can only legally gift what actually exists on the property as it stands.
To protect his investment, he simply needs to secure "building rights" from the owner. This agreement should be as detailed as possible regarding exactly what he is permitted to build, and he could even potentially use that right to secure a mortgage.
Benjamin Taylor6 Benjamin Taylor6 Regular
577 messages
joined Apr 2017
#11 ·
Gregory Nguyen2 said:I’m looking for some guidance regarding transferring the ownership of a newly built addition from my parents over to my own name.
Since I’m a total novice when it comes to real estate and legalities, I wanted to reach out to the experienced members here on this forum before I start making any formal requests elsewhere.

The project involves an additional floor built onto a legally permitted family home, and all the permits and paperwork have been handled properly.
The exterior is finished, including the siding and facade, but we haven't started on anything inside yet.
Because the interior isn't done, we can't get a certificate of occupancy or officially record the completed structure in the county land records just yet.

Unfortunately, because my income comes from seasonal contracts and temporary work, I won't qualify for a standard personal loan right now, so I’m really hoping to secure a mortgage later on to fund the interior renovations.

I also have some concerns regarding family dynamics with my siblings, especially since I’ve already put a significant amount of money into the construction and still have more to spend on finishing it.

There are three main things weighing on my mind:
  1. Is it actually possible to transfer ownership of a new build from my family to myself if it hasn't reached the final stage of being fully completed—meaning, without a certificate of occupancy or official registration in the local registry? Or am I forced to wait until every single step is finalized?
  2. Could I potentially secure a mortgage against an unfinished property like this specifically to pay for the interior work?
  3. And finally, is it even wise to move the title from my parents to my name for a single floor added to a house, or would it be smarter to leave everything in my parents' names to avoid unnecessary taxes and fees?


Please feel free to share your thoughts or any similar experiences you might have; I truly value any perspective you can offer.

Your parents could always just deed you a portion of the house. For example, they could give you a third of the property if you were the one who paid for the extra floor, effectively making it three units (the ground floor plus two levels). You can sit down with them and sign whatever specific interest they want to gift to you.
You’d be able to register yourself as owning, say, 1/3, though it wouldn't be officially subdivided into separate legal parcels yet.
My wife actually did something similar back before we started renovating her parents' old house.
Doing that ensures you aren't left high and dry if something happens to your parents.

Once you've secured your stake, there's no massive rush with the permits, the architectural plans, or the formal subdivision... and so on.
But you have to realize—until that subdivision is finalized, getting a loan for your specific portion is going to be nearly impossible.
Technically, you could try applying for a loan if you own a third, but you'd likely have to do it jointly with whoever owns the remaining 2/3.
gentleraven3 gentleraven3 Newcomer
5 messages
joined Aug 2019
#12 ·
Benjamin Taylor6 said:Your parents could always just deed you a portion of the house. For example, they could give you a third of the property if you were the one who paid for the extra floor, effectively making it three units (the ground floor plus two levels). You can sit down with them and sign whatever specific interest they want to gift to you.
You’d be able to register yourself as owning, say, 1/3, though it wouldn't be officially subdivided into separate legal parcels yet.
My wife actually did something similar back before we started renovating her parents' old house.
Doing that ensures you aren't left high and dry if something happens to your parents.

Once you've secured your stake, there's no massive rush with the permits, the architectural plans, or the formal subdivision... and so on.
But you have to realize—until that subdivision is finalized, getting a loan for your specific portion is going to be nearly impossible.
Technically, you could try applying for a loan if you own a third, but you'd likely have to do it jointly with whoever owns the remaining 2/3.

When you guys were building, did you actually add a new level or just convert an attic into living space? Or was the top floor already listed as an apartment?

I'm guessing you've already finished the renovation. Did she manage to pull a mortgage from the bank (if you went that route)? Since she gained ownership through the deed of gift and registration, which is usually a requirement just to qualify for a loan in the first place?
Asking because I'm staring down a similar situation myself.

Also, here's a major thing if you eventually decide to go through with formal partitioning...
You really need to dig into the local zoning laws. In my case, I can't partition the third floor because it's currently zoned as storage, and according to our local ordinances, every apartment needs its own dedicated parking spot.
Best bet is to run it by an architect or check in with City Hall to see what the actual options are.
Benjamin Taylor6 Benjamin Taylor6 Regular
577 messages
joined Apr 2017
#13 ·
gentleraven3 said:When you guys were building, did you actually add a new level or just convert an attic into living space? Or was the top floor already listed as an apartment?

I'm guessing you've already finished the renovation. Did she manage to pull a mortgage from the bank (if you went that route)? Since she gained ownership through the deed of gift and registration, which is usually a requirement just to qualify for a loan in the first place?
Asking because I'm staring down a similar situation myself.

Also, here's a major thing if you eventually decide to go through with formal partitioning...
You really need to dig into the local zoning laws. In my case, I can't partition the third floor because it's currently zoned as storage, and according to our local ordinances, every apartment needs its own dedicated parking spot.
Best bet is to run it by an architect or check in with City Hall to see what the actual options are.

My lady didn't exactly build anything from the ground up—not that she could have, given how things kicked off with the war. But we did go through a massive renovation a few years back, completely overhauling the house within its original footprint. That was all done after both my parents passed away.
If you’re planning to go that route—I mean, if you're actually looking to add onto a structure like that—you absolutely have to hire a licensed architect. You can't just wing it. I wouldn't dream of trying to DIY a major structural addition without a professional breathing down my neck to make sure the whole thing doesn't come crashing down on my head. It’s one of those things where cutting corners early on just leads to a massive, expensive headache later. Seriously, get a pro.
Kenneth Cruz67 Kenneth Cruz67 Regular
376 messages
joined Oct 2017
#14 ·
Benjamin Taylor6 said:Your parents could always just deed you a portion of the house. For example, they could give you a third of the property if you were the one who paid for the extra floor, effectively making it three units (the ground floor plus two levels). You can sit down with them and sign whatever specific interest they want to gift to you.
You’d be able to register yourself as owning, say, 1/3, though it wouldn't be officially subdivided into separate legal parcels yet.
My wife actually did something similar back before we started renovating her parents' old house.
Doing that ensures you aren't left high and dry if something happens to your parents.

Once you've secured your stake, there's no massive rush with the permits, the architectural plans, or the formal subdivision... and so on.
But you have to realize—until that subdivision is finalized, getting a loan for your specific portion is going to be nearly impossible.
Technically, you could try applying for a loan if you own a third, but you'd likely have to do it jointly with whoever owns the remaining 2/3.

Basically, you would be recorded as an owner of everything—both the land and the structure sitting on it—in an ideal one-third proportion. In that scenario, the gift deed would likely need to be drafted quite clearly to state that they are gifting you a third of the entire property. 🤔
Steven Young23 Steven Young23 Member
41 messages
joined Mar 2013
#15 ·
gentleraven3 said:When you guys were building, did you actually add a new level or just convert an attic into living space? Or was the top floor already listed as an apartment?

I'm guessing you've already finished the renovation. Did she manage to pull a mortgage from the bank (if you went that route)? Since she gained ownership through the deed of gift and registration, which is usually a requirement just to qualify for a loan in the first place?
Asking because I'm staring down a similar situation myself.

Also, here's a major thing if you eventually decide to go through with formal partitioning...
You really need to dig into the local zoning laws. In my case, I can't partition the third floor because it's currently zoned as storage, and according to our local ordinances, every apartment needs its own dedicated parking spot.
Best bet is to run it by an architect or check in with City Hall to see what the actual options are.

To change the usage of a space or handle any additions, hiring an architect is non-negotiable. You also need professional help to navigate the parking requirements; there are various ways to satisfy those mandates, but you won't know which ones apply until you've pored over the entire municipal code and zoning resolutions. Don't take those parking stipulations lightly—you'll eventually be the one needing that space, and more often than not, a single spot ends up being insufficient.
Regarding the loan, if you intend to use the property as collateral for a mortgage, you will need the formal consent of all co-owners of the property.
gentleraven3 gentleraven3 Newcomer
5 messages
joined Aug 2019
#16 ·
Steven Young23 said:To change the usage of a space or handle any additions, hiring an architect is non-negotiable. You also need professional help to navigate the parking requirements; there are various ways to satisfy those mandates, but you won't know which ones apply until you've pored over the entire municipal code and zoning resolutions. Don't take those parking stipulations lightly—you'll eventually be the one needing that space, and more often than not, a single spot ends up being insufficient.
Regarding the loan, if you intend to use the property as collateral for a mortgage, you will need the formal consent of all co-owners of the property.

Look, if you're even thinking about breaking ground on a construction project, you obviously need an architect. Period.
When I said you should talk to an architect first—I meant actually getting some expert insight on your specific situation before you even think about breaking ground.

Look, there are plenty of other ways to tackle parking—it really just depends on the neighborhood, the type of building, and what the local situation looks like. Why stick to one method when you can adapt?

What exactly do you mean by "Don't take that clause lightly..."?
It’s honestly ridiculous that you NEED a garage or a parking spot just to get approval for adding a second story to a house. Who actually cares? If the owner doesn't own a car—or if they just can't stand being around motorized vehicles—that shouldn't be anyone else's problem. Does it really matter if they even have a driver's license? It's such a joke.

Steven Young23 said:To change the usage of a space or handle any additions, hiring an architect is non-negotiable. You also need professional help to navigate the parking requirements; there are various ways to satisfy those mandates, but you won't know which ones apply until you've pored over the entire municipal code and zoning resolutions. Don't take those parking stipulations lightly—you'll eventually be the one needing that space, and more often than not, a single spot ends up being insufficient.
Regarding the loan, if you intend to use the property as collateral for a mortgage, you will need the formal consent of all co-owners of the property.

I haven't looked into those loans yet... Is this a mortgage or just a standard home loan? Because I’m not following—if you need consent from all co-owners, that means the entire property goes up as collateral, not just your 1/3 share. Does that mean if someone defaults and the bank forecloses, they can just seize the whole house regardless of the fact that the other two owners hold the remaining 2/3? Or am I missing something here? 🤔
Steven Young23 Steven Young23 Member
41 messages
joined Mar 2013
#17 ·
gentleraven3 said:Look, if you're even thinking about breaking ground on a construction project, you obviously need an architect. Period.
When I said you should talk to an architect first—I meant actually getting some expert insight on your specific situation before you even think about breaking ground.

Look, there are plenty of other ways to tackle parking—it really just depends on the neighborhood, the type of building, and what the local situation looks like. Why stick to one method when you can adapt?

What exactly do you mean by "Don't take that clause lightly..."?
It’s honestly ridiculous that you NEED a garage or a parking spot just to get approval for adding a second story to a house. Who actually cares? If the owner doesn't own a car—or if they just can't stand being around motorized vehicles—that shouldn't be anyone else's problem. Does it really matter if they even have a driver's license? It's such a joke.

I haven't looked into those loans yet... Is this a mortgage or just a standard home loan? Because I’m not following—if you need consent from all co-owners, that means the entire property goes up as collateral, not just your 1/3 share. Does that mean if someone defaults and the bank forecloses, they can just seize the whole house regardless of the fact that the other two owners hold the remaining 2/3? Or am I missing something here? 🤔


In all honesty, I find it baffling that in this day and age, one still needs to be convinced that an apartment should come with at least one parking spot—whether it's for the resident or for guests arriving by car. You'll eventually realize the necessity once you get older and children start visiting.

gentleraven3 said:Look, if you're even thinking about breaking ground on a construction project, you obviously need an architect. Period.
When I said you should talk to an architect first—I meant actually getting some expert insight on your specific situation before you even think about breaking ground.

Look, there are plenty of other ways to tackle parking—it really just depends on the neighborhood, the type of building, and what the local situation looks like. Why stick to one method when you can adapt?

What exactly do you mean by "Don't take that clause lightly..."?
It’s honestly ridiculous that you NEED a garage or a parking spot just to get approval for adding a second story to a house. Who actually cares? If the owner doesn't own a car—or if they just can't stand being around motorized vehicles—that shouldn't be anyone else's problem. Does it really matter if they even have a driver's license? It's such a joke.

I haven't looked into those loans yet... Is this a mortgage or just a standard home loan? Because I’m not following—if you need consent from all co-owners, that means the entire property goes up as collateral, not just your 1/3 share. Does that mean if someone defaults and the bank forecloses, they can just seize the whole house regardless of the fact that the other two owners hold the remaining 2/3? Or am I missing something here? 🤔

You are conflating the purpose of the loan (in this case, residential) with the method of securing repayment (the mortgage). If you are co-owners of an undivided interest, there is no distinct individual unit upon which a bank can place a lien; the lien applies to the property as a whole. This is precisely why you need the signature and consent of all co-owners to secure a mortgage—it is to place an encumbrance on the entire structure. Of course, loans are available without a mortgage, though they typically involve much smaller amounts. Regardless, it would be prudent to consult with some local banks; it costs nothing but a bit of your time.
Benjamin Taylor6 Benjamin Taylor6 Regular
577 messages
joined Apr 2017
#18 ·
gentleraven3 said:Look, if you're even thinking about breaking ground on a construction project, you obviously need an architect. Period.
When I said you should talk to an architect first—I meant actually getting some expert insight on your specific situation before you even think about breaking ground.

Look, there are plenty of other ways to tackle parking—it really just depends on the neighborhood, the type of building, and what the local situation looks like. Why stick to one method when you can adapt?

What exactly do you mean by "Don't take that clause lightly..."?
It’s honestly ridiculous that you NEED a garage or a parking spot just to get approval for adding a second story to a house. Who actually cares? If the owner doesn't own a car—or if they just can't stand being around motorized vehicles—that shouldn't be anyone else's problem. Does it really matter if they even have a driver's license? It's such a joke.

I haven't looked into those loans yet... Is this a mortgage or just a standard home loan? Because I’m not following—if you need consent from all co-owners, that means the entire property goes up as collateral, not just your 1/3 share. Does that mean if someone defaults and the bank forecloses, they can just seize the whole house regardless of the fact that the other two owners hold the remaining 2/3? Or am I missing something here? 🤔

Don't tell me you're actually worried about catching a case of the Vukić family syndrome: 😬

It all comes down to the bank's requirements. If the property isn't legally subdivided into individual units, then yeah, it's standard procedure for every co-owner to sign off on a mortgage covering the entire structure.
But, if the house is properly subdivided, then the mortgage only applies to that specific unit.
gentleraven3 gentleraven3 Newcomer
5 messages
joined Aug 2019
#19 ·
Steven Young23 said:In all honesty, I find it baffling that in this day and age, one still needs to be convinced that an apartment should come with at least one parking spot—whether it's for the resident or for guests arriving by car. You'll eventually realize the necessity once you get older and children start visiting.

You are conflating the purpose of the loan (in this case, residential) with the method of securing repayment (the mortgage). If you are co-owners of an undivided interest, there is no distinct individual unit upon which a bank can place a lien; the lien applies to the property as a whole. This is precisely why you need the signature and consent of all co-owners to secure a mortgage—it is to place an encumbrance on the entire structure. Of course, loans are available without a mortgage, though they typically involve much smaller amounts. Regardless, it would be prudent to consult with some local banks; it costs nothing but a bit of your time.

So, I actually had a fully finalized, permitted, and approved project for two garages on my lot—all set before I even pulled the trigger on the attic remodel and rezoning. Total stroke of luck, right? I had absolutely no clue that rule even existed in the local zoning code... what a joke.
Look, I agree—garages are great. But they aren't some absolute requirement just to build a multi-story house. If they pushed for that extra space, my guess is it was just to keep people from choking up the street by parking everywhere. But honestly? That’s exactly the headache on my block. Everyone has a garage or a driveway, yet you still have to play a game of slalom just to drive down the street because everyone parks on the curb anyway—usually because their garages are stuffed with junk they don't need. Then, when winter hits, you can't even get a snowplow through the neighborhood because of the mess.
Look, check this out—the house has three separate units, but officially? There isn't a single garage or parking spot on record. When it comes time to actually subdivide the property and file the paperwork, I’m seriously worried about how that's going to play out...

Steven Young23 said:In all honesty, I find it baffling that in this day and age, one still needs to be convinced that an apartment should come with at least one parking spot—whether it's for the resident or for guests arriving by car. You'll eventually realize the necessity once you get older and children start visiting.

You are conflating the purpose of the loan (in this case, residential) with the method of securing repayment (the mortgage). If you are co-owners of an undivided interest, there is no distinct individual unit upon which a bank can place a lien; the lien applies to the property as a whole. This is precisely why you need the signature and consent of all co-owners to secure a mortgage—it is to place an encumbrance on the entire structure. Of course, loans are available without a mortgage, though they typically involve much smaller amounts. Regardless, it would be prudent to consult with some local banks; it costs nothing but a bit of your time.

What happens if all the co-owners sign that mortgage insurance consent for the person who actually took out the loan? Now, let’s say the house gets split into three separate condos in the meantime, everyone gets their names on the titles, but the bank doesn't get paid—so now she’s basically sitting on the whole property. Which part does she actually have the right to lien? Just her share, or the entire thing?

Benjamin Taylor6 said:Don't tell me you're actually worried about catching a case of the Vukić family syndrome: 😬

It all comes down to the bank's requirements. If the property isn't legally subdivided into individual units, then yeah, it's standard procedure for every co-owner to sign off on a mortgage covering the entire structure.
But, if the house is properly subdivided, then the mortgage only applies to that specific unit.

If that turns out to be true, we’re looking at a total disaster... 🤦
Steven Young23 Steven Young23 Member
41 messages
joined Mar 2013
#20 ·
gentleraven3 said:So, I actually had a fully finalized, permitted, and approved project for two garages on my lot—all set before I even pulled the trigger on the attic remodel and rezoning. Total stroke of luck, right? I had absolutely no clue that rule even existed in the local zoning code... what a joke.
Look, I agree—garages are great. But they aren't some absolute requirement just to build a multi-story house. If they pushed for that extra space, my guess is it was just to keep people from choking up the street by parking everywhere. But honestly? That’s exactly the headache on my block. Everyone has a garage or a driveway, yet you still have to play a game of slalom just to drive down the street because everyone parks on the curb anyway—usually because their garages are stuffed with junk they don't need. Then, when winter hits, you can't even get a snowplow through the neighborhood because of the mess.
Look, check this out—the house has three separate units, but officially? There isn't a single garage or parking spot on record. When it comes time to actually subdivide the property and file the paperwork, I’m seriously worried about how that's going to play out...

What happens if all the co-owners sign that mortgage insurance consent for the person who actually took out the loan? Now, let’s say the house gets split into three separate condos in the meantime, everyone gets their names on the titles, but the bank doesn't get paid—so now she’s basically sitting on the whole property. Which part does she actually have the right to lien? Just her share, or the entire thing?

If that turns out to be true, we’re looking at a total disaster... 🤦

I won't dwell on the garage and parking situation specifically, but it’s clear that the underlying issue remains unaddressed because people simply refuse to cooperate. Instead of following the rules, they either bypass the intended solutions entirely or repurpose garages for things they weren't designed for. It’s this kind of avoidance that inevitably leads us to these types of scenarios.
If a mortgage is filed against an entire property rather than a specific unit, that lien stays attached to the whole house until the bank decides otherwise. Essentially, during the condo conversion process, you should attempt to negotiate with your lender to restrict the mortgage to just your specific portion of the real estate. To make this happen, the bank will conduct a new appraisal to determine if the value of that individual section sufficiently covers the outstanding loan amount. Just be prepared for the fact that you’ll be the one footing the bill for the bank's re-evaluation of the property.

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