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Can the bank come after my husband if he is on the title but

Posted on: 30th Jul, 2008 04:33 pm
Can the bank come after my husband if he is on the title but not the loan? My name is on the loan to the house but my husband is on the title. If I would foreclose on my home would they come after my husband as well or just me?
Hi Keri,

If your husbad is on the title, the bank and DSHS can come after your house to recover the money. Transferring the title to you at this point will not be possible as this would be considered as fraudulent conveyance and can thus be reversed.
Posted on: 24th Mar, 2009 01:13 am
i need to refinance an interest only loan on a lot. it is not worth what we paid for it but we still intend to build. will the bank require another down payment. we already put 35,000 down,
Posted on: 26th Mar, 2009 12:59 pm
hi i have a house under my name only even in title and it going through foreclosure can my husbend buy another house on his name only he has good credit
Posted on: 26th Mar, 2009 10:30 pm
Hi kiki,

In this market scenario, it is not very easy to get a refinance on a home that is upside down. It is not impossible though. There are no-down-payment refinancing options in the market for which the lender will look at your previous payment history and your affordability to make the refinance-payments. However, you will still be required to pay the closing costs and other fees. But it is better to make some down payments to reduce the interest rate and term of the loan.
Posted on: 26th Mar, 2009 11:11 pm
Hi rose,

Since the foreclosure was only in your name, it won't affect your husband's credit. He can definitely buy a home in his name and finance it, provided he fulfils other eligibility-requirements set by the lender.
Posted on: 26th Mar, 2009 11:15 pm
thnk you for your answer
Posted on: 27th Mar, 2009 12:10 pm
Hi rose,

You are most welcome. However, if you have an other query, feel free to ask.
Posted on: 27th Mar, 2009 11:40 pm
Me and my wife are devorcing the loan is in her name i was the co buyer at first the loan was transford to another lender and now my name is not on it, i am staying in the home but she has filed bank rupt she always did the bills and she did not pay any of mine i just found out my credit is shot she took all the money and i want to keep my home what can i do???
Posted on: 02nd Apr, 2009 10:03 pm
R.J...if your wife's name is on the property and the mortgage, then there are chances that the property will be liquidated to pay off the creditors. However, generally if the co-borrower is current on the payments, then his/her share of the money is returned to him/her. I don't think you'll be able to save the property.
Posted on: 05th Apr, 2009 09:10 pm
my house is in forclosure in alabama, im on the deed, but im not on the loan. Can i be held $$ responsible ? & will it affect my credit ?
Posted on: 12th Jul, 2009 06:53 pm
Hi madrona,

As your name is not on the loan documents, you'll not be held responsible for the mortgage payments when the property is foreclosed upon. Moreover, your credit will not get effected due to this foreclosure.

Thanks
Posted on: 12th Jul, 2009 10:31 pm
my house is under my name only but will be refinanced under my husbands name only due to my credit score and not having a job, can my name still be in the title? from texas
Posted on: 19th Dec, 2009 06:24 am
Welcome lucy,

You will be able to keep your name on the title of the property. However, as your husband's name will be on the mortgage docs, he should have his name on the property deed as well.
Posted on: 20th Dec, 2009 10:56 pm
My husband owns a house we lived in for 8 years and have tried to sell for the last 3 years with no luck. We purchased a new home 2 years ago and my son is currently living in the house we cant sell. we can no longer afford the payments and the bank says there are no programs to help modify our loan to a 30 year morgage to help us because it is considered an investment property because it is not our primary home. My question is; since the house is only in his name and the loan is only in his name will they come after me or our other home if he lets them forclose or does a deed in liu?
Posted on: 10th Aug, 2010 06:04 am
hi,

as your name is not mentioned on the property or the mortgage, the lender won't come after you if your husband lets the lender foreclose it or go for a deed in lieu of foreclosure. however, if your husband's name is mentioned on your primary residence, then the lender can place a lien on it in order to recover the deficient balance after a foreclosure.

thanks
Posted on: 10th Aug, 2010 11:32 pm
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