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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 Guest,

If your name is mentioned on the property deed, then you will be able to get your share of the property though you file for divorce.

Thanks
Posted on: 17th Sep, 2012 12:26 am
My mother deeded property to me over a year ago, I opened the doors to my mother and step father for 2 years ago. Just recently step father was trying to force me to sign property to him, I refused. Now he is trying to take me to court to empty all movable items stating it is his. Half the things I bought the other mom bought for me. Since he is my moms husband she said she apologize for his action but will stand by him 200%. Can they take items that doesn't belong to them? I understand it's all about greed, but I really need advise!
Posted on: 18th Sep, 2012 07:04 am
Welcome Guest,

If the items and the property don't belong to them, then they can't take it away or ask you to leave the property. If required, you can take legal actions against them.
Posted on: 19th Sep, 2012 12:04 am
What happens if mortgage loan was in husband name. Wife was put on deed. He dies. No mortgage ins so she makes pymts. What will the loan company do?
Posted on: 07th Oct, 2012 03:23 am
Hi Guest,

It will be better if the wife could refinance the mortgage and then continue making the payments. This will help the wife get the property transferred in her name.

Thanks
Posted on: 08th Oct, 2012 12:29 am
I have my ex and his attorney telling me I am not on the deed. I got a call wed that he wants to refinace and that they need me to quick claim it over to him to have me removed I told them that I was not on the deed any way it seems that I am on the deed do I have to sign off and do I need to have an attorney at this point. I did sign a paper and it took me off of the taxes but that all as far as I know
Posted on: 21st Oct, 2012 06:33 pm
Hi Guest!

Welcome to forums!

You should check out the property deed carefully in order to find out whether or not your name is mentioned on it. If not, then you don't have to sign any deed. If yes, then you will have to sign a quitclaim deed and transfer the property to your ex.

Thanks,

Jerry
Posted on: 25th Oct, 2012 02:52 am
My father has lived and paid off my sisters apartment for the last 25 years.
She refuses to put his name on the title. Is there anything that we can do ?
Posted on: 03rd Nov, 2012 11:47 am
Hi Margaret,

There is hardly anything that can be done. Unless your father's name is mentioned on the property deed, he won't be considered as an owner of the property.

Thanks
Posted on: 04th Nov, 2012 10:46 pm
i bought a house in 2000, mortgaged it under my name, my partner at the time was not named under the mortgage as she had no credit, in 2004 we did a quit claims deed , handing over half ownership of the property to her as we were in a relationship stating love and affection being the consideration on the deed . the relationship ended in 2004 because of her infidelity.
a contract was formed, she agreed to take her half if the house was every sold minus a car loan & the interest it accrued over the years that i have had to pay off due to it been rolled into the mortgage to date.
i know i'm responsible for the mortgage due to it being in my name and her name was never added on. but right now i am trying to buy her out as i got married & my wife & i would like to start a family & have a secure home , she is not willing to let go, i have paid everything since day one, my question is, is she correct in saying due to the way the deed is written she has no responsibility to pay her half of the insurance, tax or necessary improvement on the property due to the way the quit claim deed refers to love & affection in consideration of no money?, she is claiming her lawyer has told her this, are they correct????, there was no mention of her having to pay her half of the tax insurance & necessary improvements in the contract formed in 2004 but i had hoped she would have honored, by the law of wa can she be held liable for her half of the bill's , right now i am very disappointed and need some advise.please
Posted on: 23rd Nov, 2012 03:22 pm
Hi Sparks,

Your query has been replied to in the given page:
http://www.mortgagefit.com/Appraising-properties/Ex-on-the-deed-not-the-mortgage-please-advise-needed.html

Please take a look at it. I hope it will help you.
Posted on: 25th Nov, 2012 10:16 pm
mortgage loan is under my wife name, but the deed is under both names, i was just look in the title i notice is lien under my name husband, but under my wife name show just deed and mortgage, this will be a problem for refinance?
Posted on: 22nd Dec, 2012 07:07 am
Hi Guest,

The lender might ask you to pay off the lien and then apply for a mortgage refinance. Moreover, paying off the lien will have a positive impact on your credit situation which will help you get a loan easily.
Posted on: 23rd Dec, 2012 09:23 pm
My ex-husband wants me to have his house, in Fl., if he should die..My name is on deed & mtg. he is refinancing to remove my name from mtg. Can he leave my name on deed to prevent probabte problems in future..we are good friends. I now reside in another state.
Posted on: 28th Jan, 2013 04:27 pm
Hi wvredhead!

Welcome to forums!

It is you who should refinance the mortgage in your name in order to remove his name from the mortgage. Your name can remain on the property deed as it will help you remain the owner of the property. Apart from that, he can also sign a quitclaim deed in order to remove his name from the property deed and transfer the property to you.

Feel free to ask if you've further queries.

Sussane
Posted on: 28th Jan, 2013 09:41 pm
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