Generally that means the mortgage was given to the bank before your name went on the deed. In that case you need to pay the mortgage or the bank will take the property by foreclosure.
Your spouse's credit score should not be affected if he/she is not on the deed or on the mortgage that was foreclosed.
You own the land subject to the mortgage.
No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.
What happens if the mortgage and deed are in two names and one claims banckrupcy
You will have to ask your banker. You can't always. The spouse's credit may not be good enough.
A quit claim deed will be rather inexpensive. However, the spouse can require payment to sign the agreement. You cannot remove them without their agreement and consent.Another PerspectiveA quitclaim deed will transfer the interest of the spouse in the property but will have no effect on the grantor's responsibility to the lender or the mortgage. Generally, the mortgage must be paid and refinanced in order to remove a spouse from any responsibility for paying the mortgage.
If both names are on the deed, then both signatures are required. If the spouse has signed a quit claim deed to the home, then the other does not need consent.
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.
You need to contact your lender. It depends on state law and your lenders policy.
Yes, and you record a copy of the death certificate where the deed is recorded, cross-referenced to the deed book and page.
I would think so, the deed may be issued in your name only, and if you are taking on the mortgage yourself keep the deed in your name, your spouse will get the home anyway if you pass away, unless your will says otherwise. Also i would take out the insurance in case of death so the house gets paid for, its a little more added to the mortgage but if it is in your name and your spouse and something happens the mortgage gets paid, who knows what happens down the road. If newly married or for 5 yrs I would keep the home in your name, who knows these days? Divorce happens, couples fight, why worry down the road, why fight over the home, don't think it can't happen to you hope this helps
The "parties on the deed" are the owners of the property. The proceeds go to the owners. The proceeds wil be split 50-50 if there is a conflict about the distribution and as long as there is no language in the deed creating a different scheme of ownership.