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If a husband and wife are both on the title but only the wife's name is on the mortgage and the house goes into foreclosure will the husband's credit be affected?
Wiki User
∙ 15y ago
Someone made a big mistake when they gave only the wife a mortgage. The lender can foreclose on only her half interest in the property, not the husband's interest. The lender's interest will then depend upon how the couple held title. Depending on the state where the property is located a tenancy by the entirety would create the most difficult stuation for the lender. You should speak with an attorney to determine the status of that mortgage and your rights in your particular state.
Wiki User
∙ 15y ago
Wiki User
∙ 15y agoYes.
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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.
My husband purchased a home then added my name to the deed. Now we are in the process of foreclosing. What happens to my undivided half interest?
If your husband mortgaged his property prior to adding your name to the deed then you acquired your interest subject to the mortgage and the bank can take possession of the property by foreclosure. Your "interest" was encumbered by the mortgage. If you want to keep it then you must pay the mortgage.If your husband mortgaged his property prior to adding your name to the deed then you acquired your interest subject tothe mortgage and the bank can take possession of the property by foreclosure. Your "interest" was encumbered by the mortgage. If you want to keep it then you must pay the mortgage.If your husband mortgaged his property prior to adding your name to the deed then you acquired your interest subject tothe mortgage and the bank can take possession of the property by foreclosure. Your "interest" was encumbered by the mortgage. If you want to keep it then you must pay the mortgage.If your husband mortgaged his property prior to adding your name to the deed then you acquired your interest subject tothe mortgage and the bank can take possession of the property by foreclosure. Your "interest" was encumbered by the mortgage. If you want to keep it then you must pay the mortgage.
What happens to the house if the wife who is the main source of income dies and the husband cannot afford the mortgage?
If the mortgage isn't paid the lender will take possession of the property by foreclosure and sell it.
My husband is on the deed we are both on the mortgage and he has died. Am I responsible for the debt?
If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.
Can you walk away from mortgage if husband not paying mortgage and you are separated?
You cannot "walk away" if you also signed the note and mortgage. In that case you must pay even if your husband doesn't. If the mortgage isn't paid, the property will be taken by foreclosure and your credit will be ruined. You should consult with an attorney who can review your situation and explain your options.
If you divorce your husband my name still on mortgage can I be liable for the foreclosure?
Yes. The best thing would be to either get the house in the divorce, or get everything, including the mortgage, signed over to your soon to be ex.
What happens to a mortgage when both wife and husband die within a month from each other?
Unless there is a life insurance policy that covers the mortgage, the heirs must pay the mortgage if they want to keep the property. If the mortgage isn't paid the bank will take possession by foreclosure.
Can your husband be notified that the house is in foreclosure if he is not on the mortgage?
He is not going to be notified by the mortgage comany unless he is on the loan. He could pick up your mail and read it though. You will also start receiving letters from various law firms in your area regarding the foreclosure which again he might find especially if he is still in the home.
What happens if the wife is on the mortgage and not on the note and the husband dies?
If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.If the wife signed the mortgage and not the note that means that if the mortgage isn't paid the lender can take possession of the property by foreclosure. It will not affect the wife's credit but by signing the mortgage she consented to the lien on the real estate.
My husband left so now who pays the mortgage?
If the mortgage isn't paid the lender will take possession of the property by foreclosure. You should consult with an attorney who can review the title to the property and your situation and explain your legal options.
If husband pays off mortgage after you were married but did not put your name in the deed?
Then the husband is the sole owner of the property. Unless it is specifically written in the husbands Will (if he should die) the property belongs to him and him alone.
Should you sign a deed in lieu of foreclosure if your husband is the only one whoe signed the mortgage note and you live in a community state property?
You should consult with an attorney before you sign anything. The bank needs your signature to complete the foreclosure but you should have the mortgage reviewed before you sign.You should consult with an attorney before you sign anything. The bank needs your signature to complete the foreclosure but you should have the mortgage reviewed before you sign.You should consult with an attorney before you sign anything. The bank needs your signature to complete the foreclosure but you should have the mortgage reviewed before you sign.You should consult with an attorney before you sign anything. The bank needs your signature to complete the foreclosure but you should have the mortgage reviewed before you sign.
