Posted on: 28th Sep, 2009 08:39 am
If my names on the deed but not the mortgage, am I financialy responsible?
Recently divoced and was told I could stay in the home that I'm on the deed but not the mortgage. Now, though I've been paying rent, he is threating to make it go to forclosure and says that I will also be financially responsible and it will ruin my credit. Is this true?
Recently divoced and was told I could stay in the home that I'm on the deed but not the mortgage. Now, though I've been paying rent, he is threating to make it go to forclosure and says that I will also be financially responsible and it will ruin my credit. Is this true?
virginia, you need legal advice. if you are an owner of a home in a foreclosure action, you are responsible for the terms of the mortgage. you are not liable to make payments, but you would have signed the mortgage deed that places specific requirements on you. you can view a copy of that deed in the town/county clerk's office (wherever the document was recorded), unless you have a copy of your own to reference. there you'll see the promises you made and what your responsibilities are. as an owner who is being foreclosed upon, you can count on that information entering your credit file, and it will cause you some harm credit-wise.
Thank you for you quick response. The reason I'm asking is because, my Father is gifting me 2 acers to build on. We are worried that if something should happen the bank will come after my assets.
He is now remarried with a new house, so I would imagine they'd go for that also.
I will review the deed and loan papers -thank you for your advice.
He is now remarried with a new house, so I would imagine they'd go for that also.
I will review the deed and loan papers -thank you for your advice.
Hi Virginia!
Welcome back to the
As far as I know, if your name is not mentioned in the mortgage docs as a co-borrower of the loan, the lender will not be able to sue you for the debts. Moreover, as your name is not on the mortgage docs, the foreclosure of the property will not effect your credit in anyway. Also, the lender will not be able to come after your property as you are not liable for the mortgage dues.
Feel free to ask if you've further queries.
Sussane
Welcome back to the
As far as I know, if your name is not mentioned in the mortgage docs as a co-borrower of the loan, the lender will not be able to sue you for the debts. Moreover, as your name is not on the mortgage docs, the foreclosure of the property will not effect your credit in anyway. Also, the lender will not be able to come after your property as you are not liable for the mortgage dues.
Feel free to ask if you've further queries.
Sussane