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The legal owner is the name(s) on the deed. The names on the mortage note are the ones responsible for the loan.

However, sometimes the owner/mortgagor complicates the title to the property by selling it after they have granted a mortgage to a bank. In that case, the bank has a senior interest in the property. The grantee on the deed owns the property subject to the mortgage. If the mortgage isn't paid the bank can take possession of the property by foreclosure.

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Q: Who owns the house with mortgage and deed in different names?
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Related questions

Can ex-wife refinance with a different mortgage company if the house has 2 mortgages on it the first mortgage is in his name only and the 2nd mortgage is in both names but both names are on the deed?

Yes, If the house was given to you in the divorcee. You will also need to have a quick claim deed done and he will need to sign it. Both mortgages will have to be included in the refi, because they are both tied to the property.


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.


In Florida can two non-married people with different incomes have both their names on a mortgage and the deed?

Absolutely. Anyone can be named on a deed.


What happens if the mortgage and deed are in two names and one claims banckrupcy?

What happens if the mortgage and deed are in two names and one claims banckrupcy


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.


What is a mortgage loan?

house documents are mortgage and title deed at register office


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 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.


Does a co-signer on a mtg get any rights to the property if the main borrower dies?

That depends on whose names are on the deed and how they hold title. If you are not on the deed and agreed to pay the mortgage you don't acquire any property rights.That depends on whose names are on the deed and how they hold title. If you are not on the deed and agreed to pay the mortgage you don't acquire any property rights.That depends on whose names are on the deed and how they hold title. If you are not on the deed and agreed to pay the mortgage you don't acquire any property rights.That depends on whose names are on the deed and how they hold title. If you are not on the deed and agreed to pay the mortgage you don't acquire any property rights.


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 both names are on the mortgage and deed and you breakup who is responsible?

Both owners.


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.