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What constitutes someone being on title? If you are not on the warranty de

What constitutes someone being on title? If you are not on the warranty de

What constitutes someone being on title? If you are not on the warranty deed (michigan) and not on the note, but signed the mortgage -- are you on title to the property?


Anonymous's picture
Anonymous (not verified)
26-06-2011

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I don't have any familiarity with Michigan law, but I do know that a Michigan attorney would be able to answer this question correctly. My thoughts, anyway:  if you are not named in the warranty deed as an owner, and you didn't sign the promissory note, why would they have you sign the mortgage deed?  Is Michigan a community property state, perhaps?

gmakerley | Asked on 2011-09-20


1
No, it is not a community property state.  The title insurance employee who came to my home when I refinanced apparently added my husband's name to the mortgage -- the paperwork sent from the mortgage company to him (title insurance co.) did not have his name on any documents. He had my husband's name typed under a signature line on the mortgage deed (not note) on the last page after he received it from the mortgage company and before he brought it to my home.   According to an attorney I previously worked for, the employee was in error by doing this.  He should not have had my husband sign it.  Anyway, that has left us with the situation we are in today.  Earlier this year, that same attorney had the mortgage company sign an affidavit stating that my husband was added to the mortage in error and that he had no responsibility to the mortgage, etc.  The vice president of the mortgage company signed and notarized the document.  We then had it recorded with the register of deeds.  Given all of this, in your opinion, would my husband become party to a foreclosure action if he is not on the mortgage note, not on the deed, and on the mortgage in error?  Do you think he would be considered to be on title to the property?  Even a guess would be appreciated.

Anonymous | Asked on 2011-09-20

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