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My name is on Deed, but not on Loan, am I responsible for past loans against my house?

Author: Jessica Bennet
Community Mentor
Ask Jessica
Posted on: 02nd Dec, 2008 09:06am
Sometimes it may be the case that your name is on the property deed but not on the mortgage loan. In such situation, one pertinent question that may come to your mind is that, “Am I responsible for the mortgage dues?” The answer is no. You are not at all responsible for paying the mortgage dues, though you have ownership rights in the property.


But in the event of any legal action taken against the property such as foreclosure, responsibility will lie on you too, since you are an owner. In case of foreclosure of the property, your credit position will be negatively hit.
Posted on: 02nd Dec, 2008 09:06 am
My Name is On Deed, But not Loan, am I responsible for past loans against my house?...My husband recently put my name on the Deed to our House. I was never on the loan papers. If he made a loan using our home as collateral prior to our marriage would I be responsible for payment of that note?
Hi minnikolae!

Welcome to the forums!

If your husband's name is not on the property title, then he is not liable for paying taxes for the rental income. If both of you keep your names on the property title, then both of you will be equally liable for the taxes.

Feel free to ask if you have further queries.

Sussane
Posted on: 11th Mar, 2013 10:53 pm
Can either person on the deed file for income taxes?
Posted on: 13th Mar, 2013 02:59 pm
Hi cherie!

Welcome to the forums!

It will be better if you could clarify this from a tax adviser.

Sussane
Posted on: 14th Mar, 2013 12:34 am
Is my ex responsible for half of the property taxes. When they no longer live here?
Posted on: 16th Mar, 2013 03:51 am
Hi smalltime,

If the name of your ex-spouse is mentioned on the property deed, then he/she is responsible to pay the taxes.

Thanks
Posted on: 18th Mar, 2013 01:55 am
My Mother is on the deed in NH but not on the reverse morgage. She is being told that she needs to be on the morgage if my Dad passes. She went to refinace but it will cost to much. Dose she still have riths to the property if my Dad passes away?
Posted on: 20th Mar, 2013 05:03 pm
hi dmccal!

welcome to the forums!

if your mother's name is mentioned on the property deed, then she will remain one of the owners of the property even after your father passes away. however, after your father's death, she will have to refinance the mortgage to get the loan transferred in her name.

feel free to ask if you've further queries.

sussane
Posted on: 20th Mar, 2013 09:33 pm
I was contacted by the bank that holds the mortgage on my rental property in arkansas. I live in florida. they wanted to know if I was interested in refinancing and get a better interest rate. At the time of the initial discussion, I was advised that I would be getting my escrow $ back because of the refi. I was approved,and when it came time to sign the papers, I asked if I would be receiving a check for the escrow $. They said, no, I would be getting a check within 30 days after signing. I didn't receive the check, I called the bank - They had taken the $ and applied it against the principal of the loan. Do I have any recourse? Can I submit a small claims action against them. Or do I not have a leg to stand on. Just makes me angry that I was lied to. If I can take legal action - in what state? FL or AR?
Posted on: 21st Mar, 2013 08:39 am
Hi Guest,

You may take legal actions against the lender. It will be your discretion after you have a word with the attorney in this regard.

Thanks
Posted on: 21st Mar, 2013 10:16 pm
My husband died and left me with a big mortgage; my name was not on it but on the deed. I tried for 3 years to get a modification and paid the modification agreement amount, that I received in the bank-sent documents, on time and in full but they botched it up including losing the "assumption" papers that I executed. All along, they accepted my payments marked "modified mortgage" and kept telling me that I was modified and to keep paying the contract amount but the bank never filed the papers and never told me! They have me in foreclosure now, unless I come up with a new, much larger sum than in the modification agreement that they sent me and I paid on for 2+ years and that they abruptly told me 2 months ago "was never finalized" nor put in my name. I have a title (to the mobile/ modular home) in my name. They want me to sign this title over to them now or face a lawsuit!They also ruined my credit by sending all the amount of the difference between the modification amount that I was paying "in good faith" and my original mortgage payment as well as tons of fees (they promised would not accrue) to the credit bureaus, a total of $37,000!!
What can I do? I am a disabled, senior widow who can not physically go through a move due to the disabilities and pain and I haveno money to pay a mover nor a place to which to move. Can I go bankrupt and still live in the house, should I sue them and forstall a forclosure to force them to honor their former terms (or at least do better) and I have also notified my congressman of this last minute bank "got ya" and coercion (pay the new, big amount and 4% interest or "we kick you out" !
I believe that this whole thing was dragged out and" messed up" to insure not having to honor the 2% and low re-payment of the HAMP; they waited until the HAMP expired to hit me with these new terms so I had no other recourse.
What are my options to stay in and save my home?
Thank you. :cry:
Posted on: 03rd Apr, 2013 11:26 am
Hi Guest!

Welcome to the forums!

I can understand what a tough time you're going through! You can re-apply for a mortgage modification with your lender and check out what they have to say in this matter. You can even contact an attorney and check out if he can help you in this matter.

Feel free to ask if you've further queries.

Sussane
Posted on: 03rd Apr, 2013 11:20 pm
I owned the house outright legally and quit claimed the house to my boyfriend and I in 2005. We refinanced in 2006 and his name got put on the mortgage. We split up in 2008. How do I get my ex boyfriend off the mortgage once he quit claims the house back to me so he is assured that the bank will not come after him if they foreclose on the house? He is concerned that he is liable somehow if he does not get his name on off the mortgage. Is this true if he is no longer on the deed to the property? If I default will a foreclosure go on his credit report? I would think not, but he wants his name off the mortgage when he quit claims property back to me.
Posted on: 07th Apr, 2013 04:59 am
Hi Guest,

If your boyfrien name remains on the mortgage docs, then he will be liable for the payments even though he quitclaims the property to you. In such a situation, you will have to refinance the loan in your name to remove him from the mortgage docs.

Thanks
Posted on: 07th Apr, 2013 10:07 pm
My Mom deeded her house to my self and my wife few years ago.She passed away few weeks ago. She had a mortgage on the house. House is in North Carolina.

However the mortgage company that is claiming the loan is not listed on the deed. The company listed on the deed is the mortgage company Mom took out the loan with in 1997.

Shouldn't the mortgage company claiming the loan have listed their name on the deed? I am not sure if they bought the loan or maybe bought the first mortgage company Mom had the loan with.

Would this matter the people at the register of deeds said they should have file a new updated deed with their new mortgage company name being listed on the deed. They told me I should look into this before paying this loan off.
Posted on: 17th Apr, 2013 04:43 pm
Hi KC!

Welcome to the forums!

The name of the new mortgage company should be listed somewhere or else they cannot claim the mortgage dues from you. It will be better if you could contact an attorney and take his opinion in this regard.

Feel free to ask if yoe further queries.

Sussane
Posted on: 17th Apr, 2013 11:27 pm
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