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Name on deed, but not on mortgage note

Posted on: 11th Sep, 2009 10:44 am
Is it possible to evict someone from a house, if their name is on the deed, but not on the mortgage?

Two parties bought a house for a charity organization. The organization's name is on the deed, but not on the note. The organization has fallen apart, but the president is continuing to live in the house, claiming that they cannot afford to leave yet.

Is it possible to evict them?
We're in Massachusetts.

Thanks for any insight you can offer.
Since he/ she is the legal president of organisation, you can not stop him/ her.
Posted on: 11th Sep, 2009 11:30 am
Hi Kag!

Welcome to forums!

If someone is the co-owner of the property, then you cannot legally evict that person from the property deed. He/she would be considered as one of the owners of the property as per law. If you want to evict that person from the property, then he/she will have to first transfer the property to you.

Feel free to ask if you've further queries.

Sussane
Posted on: 11th Sep, 2009 07:28 pm
My husband and I are getting divorced and I moved out of our home.
The condo may foreclose and my husband received a letter from the lenders stating that if he could not pay the overdue mortgage payments that foreclosure proceedings will start.
Neither of us can afford the monthly mortgage payments alone.

My question is: My name is on the deed but not the mortgage. If the property does go into foreclosure, will my credit be affected? Will I be held responsible?
My husband will be leaving the country to go back to Europe where he is from. I would appreciate any information you can give regarding my reponsibilities with my name on the deed and not the mortgage. I cannot afford to make payments alone on this property.
Thank you.
Posted on: 22nd Nov, 2009 01:15 am
Hi Marie,

As your name is not on the mortgage, your credit report will not be affected if the property goes into foreclosure. Moreover, you won't be responsible for paying the deficient balance after the sale of the property. However, you'll lose the property.
Posted on: 22nd Nov, 2009 10:40 pm
My mother and i are on deed and mortgage in South Carolina My mom is going through a foreclosure. Will this but a lein on my own personal house or ruin my credit. Plus she has not paid HOA fees will this also hurt me in any way.

Thank you
Posted on: 01st May, 2010 05:51 am
Welcome Amanda,

As your name is mentioned on the mortgage documents, the foreclosure will have a negative affect on your credit report. Moreover, if the lender is unable to recover his dues from the sale, then he can place a lien on your property. As you are one of the owners of the property, the HOA can charge you for the dues.
Posted on: 03rd May, 2010 12:07 am
I bought a house in Maine and included my daughter's name on the deed but mine is the only name on the mortgage. I would like to get her off the property as she is destroying a lot and I am the one to take care of it as she does not work, nor does her boyfriend and kids. Can I get her out?
Posted on: 17th Sep, 2012 10:01 am
Hi genie!

Welcome to forums!

You cannot remove your daughter's name from the property deed. It is she who has to sign a quitclaim deed and transfer the property to you. This will make you the sole owner of the property.

Feel free to ask if you've further queries.

Sussane
Posted on: 18th Sep, 2012 12:24 am
Hi, my ex-girlfriend/son's mother currently resides in the home that I purchased in 2005. Both our names are on the deed, but she is not on the mortgage. She pays the mortgage too.I served her with a 30 day notice to leave because she built an illegal basement conversion and placed my son there along with her step kids. I am selling the house and she is giving my realtor a hard time. What do I do?
Posted on: 12th Jan, 2013 01:59 pm
Hi mario,

As she is on the property deed, you won't be able to evict her from the property unless she transfers the property to you.
Posted on: 13th Jan, 2013 11:04 pm
I need to know if I can evict someone if I am the only one on the deed but we are both on the note. We financed it together but I am the only one on the deed. Can I evict him and sell the house?
Posted on: 06th May, 2013 12:14 pm
Hi Tayna!

Welcome to the forums!

If you are the sole owner of the property, then legally you will be able to ask the other person to leave the property. You will also be able to sell off the property on your own discretion.

Feel free to ask if you've further queries.

Sussane
Posted on: 06th May, 2013 10:45 pm
I have been seperated for 9 months living in another home. My soon to be ex is still living in our house. My name is on the note for the mortgage and both of our names are on the deed. She changed the locks and didn't give me a key. Can I brake the door down to get into the house but will I get untroubled for doing that?
Posted on: 08th Jun, 2013 05:12 pm
Hi renshaw,

As your name is still on the property deed, you will be considered as one of the owners of the property. So, you should have access to the property. Rather than breaking into the property, you should speak to her and try to sort out the matter.

Thanks
Posted on: 09th Jun, 2013 09:43 pm
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