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Answered 2005-10-28 16:51:45

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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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.


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 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.


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.


Is a deed of trust a secruity instrument?

Yes. A deed of trust is similar to a mortgage.Yes. A deed of trust is similar to a mortgage.Yes. A deed of trust is similar to a mortgage.Yes. A deed of trust is similar to a mortgage.


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.


Do you have ownership rights to the house if you are listed on the deed but not on the mortgage?

Yes, but if your name was added to a deed after the owner granted the mortgage your interest is subject to the mortgage. If the mortgage isn't paid the lender will take possession by foreclosure and your interest will be wiped out.If the mortgage is paid and the house is sold you will receive half of the proceeds at the time of sale.


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.


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.


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?

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Can a spouse be added to a house deed when mortgage is in both names?

It depends on the laws of the the jurisdiction. In many cases the bank would have required this to get the mortgage. There may have been a quit claim deed filed with the mortgage.


Who signs real estate papers for the sale of a house?

Any one with an interest in the property, the seller, signs the deed unless it is a unit deed in a condominium. In that case, the seller and buyer sign the deed. The buyer signs the purchase money mortgage.


Is a mortgage an examples of specialty contract or contract under seal?

a deed on a house


Can you get a joint mortgage with your grandparent and what happens if she dies can i keep the house and mortgage?

The type of deed will determine what happens to the property after her death. If there is a right of survivorship, you will get the house. The mortgage company determines whether you keep the mortgage or have to refinance.


Does the person need to be on the deed in order to refinance the mortgage on the property?

The answer depends on the circumstances.The bank won't give a mortgage to someone who doesn't own the property. Therefore you can borrow money on a house if you're not on the deed.On the other hand. A person who is not on the deed should not sign the mortgage as a co-borrower with the owner. They have no interest in the property and shouldn't promise to pay for it. A co-borrower has the full responsibility to pay the mortgage if the owner defaults on the payments.


Can a family member live in your house if they are not on the mortgage or deed?

Of course they can. Anyone that you permit may live in your house.


Can i Take my name off deed but still on be mortgage?

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Can you take out a home equity loan on a house if you are not on the first mortgage but are on the deed with your parents?

Yes but your parents being on the deed will have to also sign.