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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.

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โˆ™ 2009-04-02 14:41:50
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Q: If your name is not on the mortgage or deed are you responsible if the bank forecloses on your spouse's house?
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If I foreclose on my house can the attorney come after me for attorney fees?

What I know about this is that a mortgage company that forecloses your house has no right to get the remaining balance to you.

If my wife has a house in her name, only, and she dies am I responsible for the mortgage?

Only if your wife leaves the house to you as an inheritance are you legally responsible for her mortgage upon death.

If a debt collector puts a lien on your house does that mean your mortgage co forecloses your house?

It does not follow. The lien of the debt collector comes after the mortgage loan. Which means that the debt collector still may not be able to collect any money.

Are both spouses responsible for a government lien on a house if only one of their names is on the house?

Both spouses are responsible for the DEBT represented by the lien, but the lien can only attach to the interest of whoever is actually on title to the property.

Who has to leave the house when a legal separation is taking place and who is responsible for paying the mortgage?

You can be separated and still live in the same house. No one has to move.The mortgage payment is made by the person whos name is on the mortgage. If it is in both names you are both responsible.

In the state of Maryland both parents died there is no will are the surving children responsible for mortgage on the house?

No, the estate is responsible for the mortgage. This sounds like a case for getting the estate set up and get the house sold as quickly as possible.

Who is responsible for a mortgage if the owner dies before its paid off and the house is left to her son in a will?

The mortgage should be paid by the remaining estate. If there is not enough cash left to pay off the mortgage, the house can be sold and the mortgage paid at closing, or if the mortgage is assumable, the son may take on the mortgage as his own debt and keep the house.

How long can you stay in your home after bankruptcy?

You can stay as long as you continue paying the mortgage. Or if you dont plan to keep the house, then you would be able to stay several months before the lender forecloses.

Can you surrender a house after a Chapter 7 Discharge?

Of course, if you dont make mortgage payments, the lender usually forecloses on the property. You may also try to work out a deed in lieu of foreclosure.

What kind of paperwork does the trustee need in order to sell the house after filing chapter 13?

Unless the house was owned free and clear by the debtor, the trustee does nothing. The mortgagee forecloses and auctions the house off. If there was no mortgage, the trustee will either sell the house or auction it off.

Are you responsible for your dead spouses credit card debt if you own a house together?

Your dead spouse's estate is responsible for the credit card debt. In practice, this may amount to "you are responsible for it."

If your name is on the deed but not the mortgage who is responsible for the mortgage when the house is sold?

The mortgage will be paid off from the proceeds of the sale. The buyer's attorney will make certain the mortgage is paid off before the buyer takes title.

In a judicial sale of a house are you still responsible for any mortgage left on the property or is that foregone with the sale?


Have found asbestos in your house are you responsible for the removal of the asbestos is the mortgage company responsible?

Unless the seller of the house offered you an assertion that there was no asbestos there, or local law says otherwise, you are responsible for any problems created by the presence of asbestos. The mortgage company gave you a loan, they have no responsibility for cleaning up asbestos.

How long can you leave a house in a deceased person's name if there is no mortgage Who is responsible for the property taxes?

how long can you leave house in deceased name

Do you have to pay mortgage if your house is for sale?

Yes, you are responsible for your mortgage payment until the day of closing the sale to a new owner of the house. Any remaining balance will be paid through the proceeds at closing.

Can a mortgage company put a lien on my moms paid off home if she is a cosigner for my mortgage that is deliquent?

Yes, the mortgage company can do that. She co-signed for the loan and is responsible for it if you don't pay. She can lose her house.

Father purchased a house with girlfriend and passed away. Who is responsible to pay for the house?

The estate of the father is responsible for their share of the house. The home will probly have to be sold to pay debts and pay off the mortgage. It may also depend on how the property was deeded, she may inherit the home free and clear (along with the mortgage) on his death.

If both spouses own the house but only 1 spouses name is on the deed to the property how is it divided in Virginia?

it's your house. it's your house.

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.

Are heirs responsible for deceased parents mortgage debt?

No, the executor is responsible to insure the estate is taken care of. Them means either selling the house or paying off the mortgage. One way or another the debts have to be resolved before the estate is closed.

Must a husband disclose his income and sign the mortgage if his wife is the one buying the house?

Generally, not if the property will be in the wife's name alone and her income is enough to qualify her as the sole borrower for the loan. Some lenders insist that both spouses sign the mortgage.

What happens if your house is in trust and goes to foreclosure?

What happens? the bank forecloses of course. The fact that the house is in a trust doesnt change anything.

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.

Are you responsible to pay the mortgage after foreclosure?

No. The bank owns the house after foreclosure. But your credit report will take years to fix. Good luck.