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

clearly, that last piece of advice makes sense - don't repay until you have clarification on that account. you need to request documentation from the creditor to verify that your name appears on both bills - if they are not forthcoming, i suppose you could put a demand on them, hire an attorney and go from there.

is it possible that you can put your hands on some of those previous bills, to reflect that they're his only?

my father is on the loan, but on the deed is my father, sister and myself. we are all paying the mortgage. what happens if my father dies can my sister and i continue making the mortgage payments. i was inform that once the owner dies the debt is erase is this right?, the mortgage now is been paid under my sisters account

As you and your sister are not on the mortgage docs, both of you will not be liable for the dues. However, if you stop making the payments, the lender will foreclose the property. The loan does not get erased after the death of the borrower. After the death of your father, you and your sister can refinance the loan and pay it off.

if your name is not on the loan, your name will not show up in the credit bureau for the payment history. A rule of thumb is this, if you call up to the mortgage company and ask to be able to discuss his loan even though your name is not on the note, if they deny you access to discuss his loan then that mean you are not on the loan and not being reported to the credit bureaus for payment, just him.

As stated, the debt is not erased when a borrower dies (unless there is mortgage life insurance on the loan - a bad thing to do). I say that because regular life insurance is far better.

In the event of your father's death, you ought to visit the lender's office if it's closeby, or contact the servicer - whatever is needed - to explain the circumstances and attempt to renegotiate the loan if needed. If you simply continue making payments, the lender is not likely to recognize a death and will simply continue receiving them. If you do this until the loan is paid in full, you'll then own the property free and clear of encumbrances.

husband moved out 5 months ago, his name is on the deed, but not the mortgage, I'm trying to live there, but he has walked in during the night, my question is does he have the right to justwalk in anytime day or night, his name is on the deed, not the mortage, i pay all the bills and then some.the house is just in my name only

Hi DAB,

As your husband's name is on the property deed, he'll be considered as one of the owners of the property. Thus, he has the rights to come and stay in the said property. If you want to become the sole owner of the property, then you will have to ask him to sign a quit claim deed in your favor. Once he does so, he will lose the ownership of the property and then you can stop him from staying in the property.

Take care.

I have to agree with Sara here. As an owner of the home, he has every right to live there. If there are extenuating circumstances that you feel justify having him barred from the home, you'd have to take legal measures to obtain a restraining order or something of that ilk.

My name is nowhere on the mortgage note, but it is on the deed to the house. Am I responsible for the mortgage payments? And, my tenant in common died and his name alone was on the latest mortgage note.

hi didi,

as your name is not mentioned on the mortgage note, you won't be liable for paying the mortgage dues. however, as the tenant in common has died, you can refinance the loan in your name and start paying off the dues. if the lender does not receive the mortgage dues on time, then he would foreclose the property.

thanks,

jerry

I bought a house with a friend. My name is on the Mortgage but she got the loan from the bank only in her name. It was for an investment that fell through. The house is being foreclosed on and I am getting paperwork in the mail from lawyers representing the Bank. Due to the fact that I am on the mortgage and did sign mortgage documents but had nothing to do with the loan, what are my liabilities in this situation?

Welcome Kevin,

If your name is on the mortgage, then you've full responsibilities toward it. The lender will come after you in order to recover the balance amount resulting from the sale of the property.

No, Kevin, if you are not an obligor on the note, you are not liable for payments. You will, of course, as an owner of the home, be mentioned in any suit brought in foreclosure.

Hi! I am confused. My husband and his ex purchased a house during thier marriage and got divorced. The house awarded to her but she moved out of State so she give it back to him. I don't know about the title and the deed whose name on it. My husband died and the house was awarded to me. The loan's name is not mine nor my husband but of his ex. Therefore, I am not responsible for the mortgage, am I correct on this one. Now since it it was awarded to me, and I am ready to sell the house. My question is Can I legally sell the house?

Hi Guest,

As the mortgage is in the name of your husband's ex-wife, she will be responsible for the mortgage. You're not liable for the mortgage payments. You can legally sell off the property as you're name is mentioned on the property deed. However, the mortgage will remain as a lien on the property. Most buyers won't purchase a property which has a lien on it.

Take care.