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.
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.
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?
My Boyfriend and I bought a home in Virginia a year ago both names are on the deed but only my name is on the mortgage since his credit was not the best. He has walked out and I am trying to manage the morgtgage payment on my own. Do I have any recourse?
hi bbg,
since your name is on the mortgage, you are legally responsible to repay the loan. if you are finding it difficult to stay current on the loan, you can request your lender to do a loan modification. if you qualify for the modification, the lender will reduce the monthly payment by either reducing the interest rate or extending the term of the loan. talk to the loss mitigation dept. of your mortgage company and check out if you qualify for a modification.
since your name is on the mortgage, you are legally responsible to repay the loan. if you are finding it difficult to stay current on the loan, you can request your lender to do a loan modification. if you qualify for the modification, the lender will reduce the monthly payment by either reducing the interest rate or extending the term of the loan. talk to the loss mitigation dept. of your mortgage company and check out if you qualify for a modification.
my mom lives with me in my home. i am on the deed but not on the mortgage loan? if the home goes into foreclosure, am i responsible to make pmts ?
my mom lives with me in my home. i am on the deed but not on the mortgage loan? if the home goes into foreclosure, am i responsible to make pmts ?
My husband bought the house while we were engaged. He secured financing in his name only but we added my name to the title. He passed away recently and the house has been vested to me, but I would rather walk away from it as he died in the residence. Can the loan company sue me for forclosure? Can I just release my name from the deed?
you can certainly walk away, but you, as an owner, will be named in any foreclosure suit that is brought by the lender. no, you are not obligated to make payments according to the loan note, but in order for the lender to take possession of the property you must be a defendant in the foreclosure action.
if there's a way in which you could be released from the deed, i don't know about it. inasmuch as you are now the sole owner of the property, "releasing" you would mean that, for all intents and purposes, there is no owner.
i suggest you contact the lender and discuss this with them. perhaps you can work this out in an amicable fashion that will eliminate the need for them to take legal steps to enforce their loan note. that would, we'd hope, work out best for all involved.
if there's a way in which you could be released from the deed, i don't know about it. inasmuch as you are now the sole owner of the property, "releasing" you would mean that, for all intents and purposes, there is no owner.
i suggest you contact the lender and discuss this with them. perhaps you can work this out in an amicable fashion that will eliminate the need for them to take legal steps to enforce their loan note. that would, we'd hope, work out best for all involved.
you did not tell about equity that you may be having in the house. if you walk away, you will lost everything.
i don't believe that's an issue here, simon...please reread b thompson's original post above - she's in distress and clearly doesn't care about living in the home, regardless of the equity situation.
How do I find out if I'm on the deed? I am not on the loan.
denise, i'm surprised you don't know if you own a home. you can easily check with the town clerk, city clerk, county clerk (whatever is applicable) to ascertain how the property is titled. tax assessor's records would also reflect all owners - in fact, that might be the best place to start.
My mother and I purchased a home together with my name and her name on the loan. We have refinanced several times with the last time resulting in her name only being on the loan. My name is still on the deed. I want to move... is there any liability on my part???
as an owner of the home, you have some responsibilities, yes. however, if you are no longer a borrower, you have no legal mortgage responsibility. what you do is between the two of you, of course. if you're moving away and plan on doing things on your own, such as buying a new home, that's undoubtedly not going to stand in your way.
My ex boyfriend of 16 yrs. left me for another relationship and said he is not coming back home. We own a home together and I am on the title of house but not on the loan that was recently done when he left the relationship and he kept the money from the closing of the house. So the house is on collateral with the bank. He wants to kick me out and I know that he can't do that. So my question to you is if he left the property on his own free will is that like abandonment of the property? Can he also claim his half if he left and made a change of address? I have changed the locks on the doors because he has all his things he owns. what should I do? In need of desperate help.
abandonment? no - you and he severed your relationship; what is he to do other than move out? i don't understand your reference to his keeping money from the closing. did you two refinance? as for claiming "his half" that would depend on how much equity you have in the home, as he'd be reasonably expected to claim half of that equity or more, inasmuch as he is/was the payor of the loan.
you two will need to sit down and discuss this rationally to come to a resolution. it may make sense for him to transfer title to you, but that may mean a return to him of equity.
you two will need to sit down and discuss this rationally to come to a resolution. it may make sense for him to transfer title to you, but that may mean a return to him of equity.
My boyfriend and I have purchased a home, we have been living together for 15 years. His name is not on the home or deed. We are in the process of spliting up. Do he have any rights to the property?