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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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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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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.


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.


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.


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.


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.


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.


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.


What if your house is in your husbands name and not yours how can your change it into your name instead of selling and you pay him off?

If the house is paid for he can present it as a gift and change the deed over(this will have a fee and you may need a lawyer or something). If the house is mortgaged, call the mortgage company, they will know.


When a spouse is borrowing money and the wife must sign the mortgage does her name have to be on the warranty deed?

Of course. She should be fully informed of the consequences of signing the mortgage and not being on the deed. If the wife signs the purchase money mortgage then her name should also be on the deed. She should not sign to be responsible for a debt for property she doesn't own.Of course. She should be fully informed of the consequences of signing the mortgage and not being on the deed. If the wife signs the purchase money mortgage then her name should also be on the deed. She should not sign to be responsible for a debt for property she doesn't own.Of course. She should be fully informed of the consequences of signing the mortgage and not being on the deed. If the wife signs the purchase money mortgage then her name should also be on the deed. She should not sign to be responsible for a debt for property she doesn't own.Of course. She should be fully informed of the consequences of signing the mortgage and not being on the deed. If the wife signs the purchase money mortgage then her name should also be on the deed. She should not sign to be responsible for a debt for property she doesn't own.


Your parents died and left you property your name is on the deed but not on the mortgage is that a problem?

It is not a problem, but the mortgage will still have to be paid by the surviving co-owner even if that co-owner did not borrow or get any of the money from the mortgage, because it is a lien on the house.


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.