In 2004 I purchased a home on my own (separated from my husband). In 2005
In 2004 I purchased a home on my own (separated from my husband). In 2005
In 2004 I purchased a home on my own (separated from my husband). In 2005 I refinanced from a 3 year arm to fixed - on my own, but was no longer separated from my husband. The title company employee had my husband sign what was to be the recored mortgage. He did not sign the note, was not on the application process or anything else during the refinance. Now he appears on the recorded mortgage at register of deeds. My question is, if this home is foreclosed on, will they try to make him responsible too? Will they sue him in the foreclosure suit? The mortgage has never showed up on his credit report. Will the foreclosure? (We live in Michigan.)
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Is Michigan a community property state? That, I'm sure would have something to do with the signing of the mortgage deed. Other than that, I can't imagine why the lender or the title company would have done that.
Are you asking about foreclosure because it's imminent? I hope not. But if he's an owner of the property (which seems NOT to be the case, despite his having signed that deed), he'd be included in any foreclosure action. Of course, the lender that would file such a foreclosure suit would be looking at that deed, so they'd just as likely be suing him as well. I hope not for all of the above.
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Michigan is not a community property state. The title company employee added my husband's name to the mortgage paperwork and had him sign it. My attorney just recently (after my initial posting) managed to get the mortgage company to sign an affidavit attesting to the fact that my husband is not responsible for the mortgage and that the title company made an error in adding him. What good this will do, I'm not sure. The mortgage company never had his name anywhere until the title company employee added it. He is not on the deed, he is not on the note -- just the recorded mortgage. (And to answer your last question, foreclosure appears to be the road I'm going down at this point, unfortunately.)