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Being sued for mortgage defult

Posted on: 05th Feb, 2013 11:51 am
I have defaulted on my mortgage, and of course am being sued, when I purchased the property I was the only signer on the mortgage documents, I am the only one on the bill each month and the never received financial information from my domestic partner at the time nor was he a signer, he was although added to the deed, and now is being sued along with me on the default, it seems somehow he ended up on the note and deed but not the mortgage, how is this possible, I know it was originally recorded without his name but we asked he be added about a week later to the deed.
Hi Mikeinmaine,

If your partner's name is on the property deed only, then he cannot be sued for the mortgage default. However, as both of you are the owners of the property, then both of you will be informed about the lawsuit if the mortgage is in default.

Thanks
Posted on: 05th Feb, 2013 06:52 pm
Hi Mikeinmaine!

Welcome to forums!

I agree with James. Your partner shouldn't worry about his credit report and negative impact on scores if his name is not mentioned on the mortgage docs.

Feel free to ask if you've further queries.

Sussane
Posted on: 06th Feb, 2013 08:33 pm
If your partner signed the note, he is responsible for it and will be sued by the lender. This will end up on his credit history. If he owns a property interest by being on the deed, he will be named as a defendant in the foreclosure, and this will end up in his credit history. The fact that he is not on the mortgage, which is merely a security interest to protect the lender, does not relieve him from liability.
Posted on: 27th Feb, 2013 02:44 am
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