The mortgage must be paid if you want to keep the property. If the mortgage isn't paid the bank will foreclose and take possession of the property. If your father was also the only one on the deed then his estate must be probated for title to the real estate to pass to his heirs.
You should consult with an attorney who specializes in probate.
Only if your wife leaves the house to you as an inheritance are you legally responsible for her mortgage upon death.
No. Both may be on the deed which means that you have rights to the property. However, if there is only one on the mortgage; meaning they are the only one that signed the promissory note, then they are the only ones who will be responsible. So long as you are not on the note to the mortgage, then you have no responsibility for the debt.
Generally, the only way to have your name removed from a mortgage is to pay that mortgage off and refinance in someone else's name.Generally, the only way to have your name removed from a mortgage is to pay that mortgage off and refinance in someone else's name.Generally, the only way to have your name removed from a mortgage is to pay that mortgage off and refinance in someone else's name.Generally, the only way to have your name removed from a mortgage is to pay that mortgage off and refinance in someone else's name.
Predatory lending/fraud or egregious error on the part of the lender are the only ways to be held not responsible. If you entered into a legal agreement fairly and legally, the only way to not be responsible is to invalidate the contract by proving it was not made legitimately.Another PerspectiveThe only other way is to be released from the obligation is to pay off that mortgage and refinance it in one name in the case of a divorce between the parties where one will keep the real estate.
You could not be approved for a mortgage because your credit was too poor and you needed a co-signer. Your co-signer was wise enough to arrange that the title be in his name also. You signed the mortgage application and the note. Through inadvertence and error the bank didn't have you sign the mortgage. It has enough evidence to "reform" the mortgage in court. You are responsible for paying the debt.
If your in-laws apply for the mortage, the mortgage is in their name and they're responsible for paying the bill. If you pay them in order to make the mortgage payment, you are building their equity, not yours. The only way you can switch the mortgage to your name is for you to buy the house from your in-laws.
The only way to get someone's name off a mortgage is to pay it off and refinance if necessary.The only way to get someone's name off a mortgage is to pay it off and refinance if necessary.The only way to get someone's name off a mortgage is to pay it off and refinance if necessary.The only way to get someone's name off a mortgage is to pay it off and refinance if necessary.
if you acquired your interest be deed after the mortgage was granted:You are not responsible for the payment of the mortgage and default will not affect your credit record. However, if the mortgagor defaults on the mortgage the bank can take possession of the property by foreclosure and you will lose your interest as well.If you acquired your interest before the mortgage was granted but didn't sign the mortgage:You are not responsible for the payment of the mortgage and default will not affect your credit record. In the case of a default the bank can only foreclose on the half interest of the co-owner who signed the mortgage.
yes
If you signed the mortgage and note then you promised to pay for property you do not own. By signing, you agreed to be fully responsible for paying the loan if the primary borrower, the owner, doesn't pay. The only way for you to get an ownership interest would be for the owner to convey an interest to you by a deed.
You AND your husband are the owners of the house. Should you divorce, you have an equal investment in the house. The mortgage is in your husband's name, but should he die, you are responsible for this bill. If you default on the loan, you will foreclose on the house. The mortgage company does not care who pays the loan off, as long as it gets paid.
If two people are co-owners of real property and then only one signs a note and mortgage, the lender can only foreclose on that one's interest in the property. A foreclosure would only be reported on that person't credit record.If your name was added to the property after the mortgage was granted by the owner you are not responsible for it as long as you didn't sign the mortgage or the note. The foreclosure would only be reported on the mortgagor's credit record.