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If your name is not on the deed but is on the mortgage what are your property rights?
Wiki User
∙ 15y ago
If your name is not on the deed but you still signed the mortgage that didn't give you any property rights. You volunteered to pay the mortgage even though you don't own the land. If the primary mortgagee doesn't pay (the land owner) the bank will go after you for payment. If there is a foreclosure and there remains a deficiency between the sale at the foreclosure and the amount owed on the note, the bank may go after you for payment. People who don't have a fee interest in the real estate should not sign mortgages.
Wiki User
∙ 15y ago
Wiki User
∙ 15y agoThe deed/title to any property determines the legal ownership, not the mortgage. If you are not named on the deed to the property, you have no "automatic" ownership rights.
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Can your mom buy a house for you if you filed bankruptcy?
Yes. But the deed and mortgage would have to be in her name. It would not be your property.Yes. But the deed and mortgage would have to be in her name. It would not be your property.Yes. But the deed and mortgage would have to be in her name. It would not be your property.Yes. But the deed and mortgage would have to be in her name. It would not be your property.
Should you have access to the house if your name is on the mortgage?
No. For access you must be a grantee on the deed. If you are an owner by deed you have the right to the full use and possession of the property. If you only signed the mortgage then you have agreed to pay for property you do not own. You have no other rights in the property.
Do you have to be married to have your name on the property deed in NJ?
No. If you are on the mortgage you should also be on the deed.
Is there any problem if ones wife is not working so her name cant be in the deed of the property?
There is no reason that working would affect the ability to have someone's name on the deed. The mortgage company or bank may want restrictions, but in most cases, the wife's name has to be on the deed, or the state laws will 'assume' that it is on the deed anyway. The wife typically has rights 'dower rights' to the property whether her name is on the deed or not.
If your name is on the mortgage but not the deed do you own the property?
No. In order to be the owner of real property you must be named as grantee on the deed. If your name is on the mortgage but not on the deed you have obligated yourself to pay for real property you do not own. If the primary borrower defaults the lender will go after you for full payment of the mortgage yet you do not own the property.
If the deed of the house is in your husbands and your name and you are paying the original owners mortgage what are your legal rights to the home?
You and your husband are the legal owners of the property but it is subject to the mortgage. If you default on the mortgage payments the bank can take possession of the property by foreclosure.
If you are engaged to be married and your name is not on the deed or mo rtgage what rights do you have living in the property?
You hve no rights in the property. On the other hand, you have no obligation to pay the mortgage or other expenses related to the home.
Do you own the property that your name is on the deed but not the loan?
If your name was added by deed after the mortgage was executed then your interest in the property is subject to the mortgage. Also, changing the names on a deed for property that is subject to a mortgage may trigger the due on transfer clause. Most mortgages carry boilerplate language that provides if the property is transferred the lender can demand full payment of the mortgage.If your name was added by deed after the mortgage was executed then your interest in the property is subject to the mortgage. Also, changing the names on a deed for property that is subject to a mortgage may trigger the due on transfer clause. Most mortgages carry boilerplate language that provides if the property is transferred the lender can demand full payment of the mortgage.If your name was added by deed after the mortgage was executed then your interest in the property is subject to the mortgage. Also, changing the names on a deed for property that is subject to a mortgage may trigger the due on transfer clause. Most mortgages carry boilerplate language that provides if the property is transferred the lender can demand full payment of the mortgage.If your name was added by deed after the mortgage was executed then your interest in the property is subject to the mortgage. Also, changing the names on a deed for property that is subject to a mortgage may trigger the due on transfer clause. Most mortgages carry boilerplate language that provides if the property is transferred the lender can demand full payment of the mortgage.
Can the mortgage company take your house without the deed?
By definition a mortgage is secured on the deeds of the house. They will have the deed (or officially have their name legally registered for the property) if they have given you a mortgage.
Can you remove your spouse's name from the property if separated?
No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.
Can you remove your name from deed in Ireland?
Removing a name from a deed is fairly easy. However, if they are also on a mortgage on that property, it may not be allowed.
What happens if your spouse dies you're not on the mortgage but have the deed in your name?
Generally that means the mortgage was given to the bank before your name went on the deed. In that case you need to pay the mortgage or the bank will take the property by foreclosure.
