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It depends upon the laws of the state and the way the title to the property is worded. In most states the homestead exemption protects the primary residence from forced sale by creditors, but not from the execution of liens. If the home is held in the name of the debtor only, then it would be subject to creditor attachment. The mortgage issue is only relevant if the mortgage itself is defaulted upon.

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โˆ™ 2005-10-28 16:51:45
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Mortgages

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When buying a house can you get a larger house loan so you can pay off some of your credit cards and car

How long do you have to wait in Canada before purchasing a house after bankruptcy

What is a mortgage lien

Is home owners insurance required

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Q: If you owe money can they try to take your house if the mortgage is only in your husband's name but the deed is in your name?
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Related questions

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.


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.


What is a mortgage loan?

house documents are mortgage and title deed at register office


Can the husband rent the house if he has the mortgage in just his name if they both share the deed of trust?

Yes, the husband can rent the house if he has the Mortgage in his name but the Deed of Trust is shared.


You are filing bk chapter 7 but spouse is not your house is just in your name you also have land that has a mortgage in just your husbands name but both names are on deed will the land get taken from?

Ownership of real property is determined by the names on the deed.


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.


Can i find out if there is a mortgage on an estate?

Check the deed at the court house. There will be a lien against the property if their is a mortgage.


If your name is not on the mortgage or deed are you responsible if the bank forecloses on your spouse's house?

If the bank is foreclosing on your spouse's house and you are not on the deed or mortgage then you are not responsible for the debt. The foreclosure should not affect your credit record.


Can a lien be placed on your house if your name is not on the deed or mortgage?

No. They can only place a lien on your bank account. If your name isn't on the deed or mortgage they can't touch it.


Husband-and-wife buy a house together the wife's name is not put on the deed until the second mortgage but the second mortgage is now paid off do we still share the deed of trust?

If a husband and wife buy a house together and the wife's name is not put on the deed until the second mortgage, yes, the deed is still shared after the second mortgage is paid off.


If a spouse is not on a mortgage loan do they have rights to the house?

If they are on the deed to the home, yes.


Can a house be foreclosed on if one name is on the mortgage and someone else s name is on the deed to the land or parcel?

That depends on whose name was on the deed when the mortgage was executed.

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