Is someone considered to be on title even if he is not on the warranty deed
Is someone considered to be on title even if he is not on the warranty deed
Is someone considered to be on title even if he is not on the warranty deed? He is not on the note either. The Titile insurance employee had him sign the mortgage, even though his credit or information was not used to obtain the loan in any way. My attorney had and Affidavit prepared for Suntrust to sign, stating that my husband is not responsible for the mortgage and was added in error. This was filed with the Register of Deeds. Given all that, must he be included in the foreclosure process if he is not on the deed, not on the note, and only on the mortgage in error -- with an filed Affidavit signed by the mortgage company that he is not responsible for the mortgage and was asked to sign in error.
2 Answers
Votes
Older
Newer
1
A question better asked of a lawyer who can get into the details of the law on this. Nevertheless, here's my stab at it. The lender, at this late stage, doesn't care (or notice) who signed what back when. They're worried about nothing but taking possession of the house, selling it and recovering some of the loan amount they've already lost.
If their documentation has your husband as an owner, then he'll be sued and named in any further actions.
Again, though, consult with an attorney for a certain answer here.