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i am borrowing a hundred thousand dollars from my ...
Sent to Legal Experts September 29 03:53 PM

i am borrowing a hundred thousand dollars from my fiancee,at a rate of 8% for a period of one year. he does not want to take a note and a mortgage he wants a tenancy in common deed is this the right thing to do,

 

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wheatley heights, New York

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September 29 4:07 PM (14 minutes and 5 seconds later)
         
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Susan:

I would be very uncomfortable with what your fiance is suggesting. Putting his name on the deed is a permanent solution to a temporary issue. If by some chance the relationship does not proceed to marriage, that will be a problem.

New York is a mortgage state, which means that a Promissory Note and Mortgage is the appropriate way to handle this loan.

The best advice I can give is that it is prudent to separate the loan issue from the relationship issue. Use the same formalities for the loan (which would entail a promissory note and mortgage) as you would if you were borrowing from someone else.

It is much easier later to add his name to title and to cancel the debt, if that is what you chose to do once you are married, then it is to find a way to force him to transfer back a 1/2 interest in the property.

I hope this has helped. Let me know if you have any followup questions. If none, please remember to click on the ACCEPT link so that I may receive credit for working on this topic with you. (I’d greatly appreciate it!)

Thank you,
Dan
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