Posted on: 18th Sep, 2010 09:03 am
I need help! When I took out the mortgage in 2005 it was supposed to be in my name only and my husband would be on the title. However, they did not do the papework that way. They have him on the mortgage and me on the note. The mortgage company won't talk with him without my permission as they say he is not on the mortgage. The problem is I filed bankruptcy 3 years ago and the house was included on the bankruptcy. They have started foreclosure on the property and we have tried to do a loan modification to no avail. They have now filed papers against my husband that he is responsible for the money due. We talked with two attorneys who said to let them have the house, but we are concerned about my husband's credit as he was never supposed to be on the mortgage and he was not on the bankruptcy so it was not supposed to hurt his credit. Can they sue him? What is our recourse? Please can someone help. Thanks.
Hi ehostutler,
You should check out whether or not your husband's name is mentioned on the property deed. If his name is not mentioned on the mortgage, then the foreclosure won't affect his credit report or credit score in any way. The lender won't sue your husband for the balance dues if his name is not mentioned on the mortgage docs.
Thanks
You should check out whether or not your husband's name is mentioned on the property deed. If his name is not mentioned on the mortgage, then the foreclosure won't affect his credit report or credit score in any way. The lender won't sue your husband for the balance dues if his name is not mentioned on the mortgage docs.
Thanks