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I am on the deed of a property with one other person. They claim that i do not have any interest in the property because i have not been paying the mortgage . What should i do?
Wiki User
∙ 15y ago
As long as your name is on the deed then you have an interest in the property. It cannot be sold or financed without your signature. However, when the property is sold the co-owner will expect, as they should, a larger share of the proceeds since they have paid the mortgage. They may sue you at that time so that you will not get half of the proceeds and will prevail if they can prove they paid the mortgage.
You can retain your interest and negotiate a share of the proceeds when the property is sold or you could negotiate with the co-owner to buy you out now. You may want to speak with a real estate appraiser and an attorney to determine what your options are and what your share is worth.
Wiki User
∙ 15y ago
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You are on the deed but not the mortgage. Can you pay the mortgage without being on the mortgage if you want to keep the house?
You can make mortgage payments if you're not on the mortgage. However, you would be a volunteer and paying the mortgage in and of itself wouldn't give you any interest in the property. You would be paying for someone else's property.However, if your name was added to the property after the mortgage was granted you would be protecting your interest in the property by making certain the mortgage is paid on time.
What will happen if an unmarried couple separates and one person stops paying the mortgage?
The other must pay the mortgage or the property will be taken by foreclosure and both credit records will suffer. If one will be paying the mortgage they should sue the other for their interest in the property or buy their interest out. You should consult with an attorney.
Does the Deed holder on a home have full ownership even if their name is not on the mortgage?
The grantee in the deed is the owner of the property. A person who does not own the property can agree to sign the mortgage and be responsible for paying for the property. That does not give them an ownership interest.The grantee in the deed is the owner of the property. A person who does not own the property can agree to sign the mortgage and be responsible for paying for the property. That does not give them an ownership interest.The grantee in the deed is the owner of the property. A person who does not own the property can agree to sign the mortgage and be responsible for paying for the property. That does not give them an ownership interest.The grantee in the deed is the owner of the property. A person who does not own the property can agree to sign the mortgage and be responsible for paying for the property. That does not give them an ownership interest.
You quitclaimed your interest in your home to ex who recently died. How do you get your name off the mortgage?
You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.
If my boyfriend is on the deed but not the mortgage what rights does he have to the house?
He owns an interest in the property but he is not responsible for paying for it. He got a great deal. If the property is sold he will be entitled to half the proceeds after the mortgage is paid off.
Can a bank come after you if you are on deed but not mortgage?
No. All the owners of property must grant a security interest in the property by signing the mortgage. If you owned the property at the time of the mortgage and didn't sign the mortgage, the lender made a serious error. The lender cannot take possession of your interest by a foreclosure and you are not responsible for paying the loan.However, if your name was added after that mortgage was granted the lender can take possession of the property by foreclosure if the mortgage is not paid, and you are out of luck. The lender cannot go to you for payment if you did not sign the mortgage and note.
Does wife's co signing a mortbage make her a joint owner?
No. A person who co-signs a mortgage when they are not on the deed has simply volunteered to pay the mortgage if the primary borrower stops paying. The co-signer of a loan or mortgage is equally responsible for paying the debt. Co-signing bestows no ownership interest in the property.No. A person who co-signs a mortgage when they are not on the deed has simply volunteered to pay the mortgage if the primary borrower stops paying. The co-signer of a loan or mortgage is equally responsible for paying the debt. Co-signing bestows no ownership interest in the property.No. A person who co-signs a mortgage when they are not on the deed has simply volunteered to pay the mortgage if the primary borrower stops paying. The co-signer of a loan or mortgage is equally responsible for paying the debt. Co-signing bestows no ownership interest in the property.No. A person who co-signs a mortgage when they are not on the deed has simply volunteered to pay the mortgage if the primary borrower stops paying. The co-signer of a loan or mortgage is equally responsible for paying the debt. Co-signing bestows no ownership interest in the property.
Can you have two people on a mortgage and only one of them on the deed to a house?
Yes. A person who doesn't own the property can agree to be responsible for paying the mortgage. However, they would be a volunteer and signing the mortgage and note would give no ownership interest in the property. If the primary borrower failed to pay the volunteer would be held fully responsible for paying the mortgage.
How does cosigning for a mortgage differ from a joint mortgage?
A joint mortgage is executed by two people who own real estate. Each is responsible for paying the mortgage in full.A co-signer has no ownership interest in the property but they have agreed to pay off the mortgage if the primary borrower fails to pay. In other words, they agree to pay the mortgage for property they don't own.
Are you obligated for the mortgage if your name is on the title?
You are obligated for paying the loan if you signed the mortgage. If your name was added to the title after the mortgage was granted then you received your interest subject to the mortgage. If it isn't paid the lender will take possession of the property by foreclosure. If your name was on the title prior to the mortgage and the lender didn't have you consent to the mortgage then the lender made a big mistake and can only take possession of the interest of the person who did sign the mortgage.You are obligated for paying the loan if you signed the mortgage. If your name was added to the title after the mortgage was granted then you received your interest subject to the mortgage. If it isn't paid the lender will take possession of the property by foreclosure. If your name was on the title prior to the mortgage and the lender didn't have you consent to the mortgage then the lender made a big mistake and can only take possession of the interest of the person who did sign the mortgage.You are obligated for paying the loan if you signed the mortgage. If your name was added to the title after the mortgage was granted then you received your interest subject to the mortgage. If it isn't paid the lender will take possession of the property by foreclosure. If your name was on the title prior to the mortgage and the lender didn't have you consent to the mortgage then the lender made a big mistake and can only take possession of the interest of the person who did sign the mortgage.You are obligated for paying the loan if you signed the mortgage. If your name was added to the title after the mortgage was granted then you received your interest subject to the mortgage. If it isn't paid the lender will take possession of the property by foreclosure. If your name was on the title prior to the mortgage and the lender didn't have you consent to the mortgage then the lender made a big mistake and can only take possession of the interest of the person who did sign the mortgage.
Should husband and wife both be on mortgage?
The owners of the property must sign the mortgage. A party who is not an owner should not sign the note and mortgage since they would be taking responsibility for paying for property they do not own.The owners of the property must sign the mortgage. A party who is not an owner should not sign the note and mortgage since they would be taking responsibility for paying for property they do not own.The owners of the property must sign the mortgage. A party who is not an owner should not sign the note and mortgage since they would be taking responsibility for paying for property they do not own.The owners of the property must sign the mortgage. A party who is not an owner should not sign the note and mortgage since they would be taking responsibility for paying for property they do not own.
What happens to a house if the wife's name is not on the deed but is on the mortgage and the husband dies with debt?
This is a difficult legal situation. First, the wife must ask herself why she signed a mortgage for property she didn't own. The husband's estate must be probated in order for legal title to the real estate to pass to his heirs. His will or the state laws of intestacy will determine if the wife inherits the property or only an interest in the property. However, even if the wife does not inherit 100% of the interest in the property she is 100% responsible for paying the mortgage. If the mortgage isn't paid the bank will take the property by foreclosure.
