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The mortgage is held by a lending entity, not the government. Arrangements to change the terms of the loan are typically done by refinancing the loan. Signing a quitclaim, or having a legal document outlining responsibility for the loan do not remove you from the terms of the original loan. However, these documents may be used to request that the bank not report the loan payments in your name to the credit reporting agencies, with varying success. No, a judge does not have the power to take such action.

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Do I owe my husband mortgage money if we divorce?

That will be decided by the judge or your attorneys.


Does your spouse have to pay half of the mortgage if he moved out?

If your husband simply moved out there is no way you can make him pay the mortgage without seeking a court order. Since you both signed the mortgage the lender will hold each of you responsible for paying the mortgage. It will not hold you responsible for only half. The simple fact is that if the mortgage isn't paid on time the lender will take possession of the property by foreclosure.In the case of a divorce, the disposition of marital property will be decided by a judge if the parties cannot agree. There is no way to predict what the judge will decide in your particular case because there are numerous factors about your case in particular that the judge will consider:length of marriageability of the parties to gain assets in the futureminor childrenincome levelsability to earn income in the futurevalue of the property and amount owed on mortgageetc., etc., etc.If your husband simply moved out there is no way you can make him pay the mortgage without seeking a court order. Since you both signed the mortgage the lender will hold each of you responsible for paying the mortgage. It will not hold you responsible for only half. The simple fact is that if the mortgage isn't paid on time the lender will take possession of the property by foreclosure. In the case of a divorce, the disposition of marital property will be decided by a judge if the parties cannot agree. There is no way to predict what the judge will decide in your particular case because there are numerous factors about your case in particular that the judge will consider:length of marriageability of the parties to gain assets in the futureminor childrenincome levelsability to earn income in the futurevalue of the property and amount owed on mortgageetc., etc., etc.If your husband simply moved out there is no way you can make him pay the mortgage without seeking a court order. Since you both signed the mortgage the lender will hold each of you responsible for paying the mortgage. It will not hold you responsible for only half. The simple fact is that if the mortgage isn't paid on time the lender will take possession of the property by foreclosure. In the case of a divorce, the disposition of marital property will be decided by a judge if the parties cannot agree. There is no way to predict what the judge will decide in your particular case because there are numerous factors about your case in particular that the judge will consider:length of marriageability of the parties to gain assets in the futureminor childrenincome levelsability to earn income in the futurevalue of the property and amount owed on mortgageetc., etc., etc.If your husband simply moved out there is no way you can make him pay the mortgage without seeking a court order. Since you both signed the mortgage the lender will hold each of you responsible for paying the mortgage. It will not hold you responsible for only half. The simple fact is that if the mortgage isn't paid on time the lender will take possession of the property by foreclosure. In the case of a divorce, the disposition of marital property will be decided by a judge if the parties cannot agree. There is no way to predict what the judge will decide in your particular case because there are numerous factors about your case in particular that the judge will consider:length of marriageability of the parties to gain assets in the futureminor childrenincome levelsability to earn income in the futurevalue of the property and amount owed on mortgageetc., etc., etc.


Who are the older actors in the TD Bank commercial where they are talking about Mobile Mortgage?

The shorter heavier one is Ben Hammer. He played the judge in "Sleepers".


What are the factors involved in the judge approving a mortgage refinancing after a bankruptcy?

All you have to do is submit a request to refinance to the trustee. The lawyer stands nothing to gain. They would rather you refinance because they know they will get their money.


Can lenders sue after satisfaction of mortgage?

Read your Satisfaction of Mortgage carefully. The wording and the document used can vary, depending on the lender and the jurisdiction. The satisfaction or discharge of the mortgage should state that the mortgage has been satisfied. In some cases the note is mentioned also. A satisfaction of the mortgage removes the encumbrance of the mortgage from the subject property. If the mortgage was effectively satisfied and was not recorded in error, the lender would have no reason to sue.In some cases where the mortgage is discharged the notemay not be discharged and will remain as indebtedness against the borrower but not as an encumbrance on the real estate.If the satisfaction was recorded in error the bank would need to take the matter before a judge to request a court order to reinstate the mortgage. However, courts do not always help a lender when it has made that kind of mistake. The statute of limitations and rules regarding that type of action vary in different jurisdictions. You need to consult an attorney who is familiar with the laws in your jurisdiction.Also, a problem has developed in the mortgage/foreclosure related industry whereby entities who have no interest in a mortgage are executing bogus discharges for a fee, convincing unsuspecting consumers that the lender's title is insufficient and the lender will need to take the matter to court in order to defend their ownership of the mortgage. Of course, those discharges are worthless.If you are uncertain about your mortgage discharge then you should consult with an attorney who specializes in real estate law in your jurisdiction.

Related Questions

How can a bank foreclose on a deceased person?

A bank can not foreclose on a deceased person. A bank forecloses on a piece of property when the mortgage has not been paid. There is a difference. If the deceased person had the money in the bank to pay the mortgage and the will is in probate, someone should tell the probate judge about the situation. In this state the probate judge has the authority to pay the mortgage. He also has the authority to make the car payment. The probate judge will not do anything unless someone tells him!


What are the release dates for Judge Karen's Court - 2010 Our Mortgage Broker Lost Our Home 2-23?

Judge Karen's Court - 2010 Our Mortgage Broker Lost Our Home 2-23 was released on: USA: 2 March 2011


Ok if the judge give you the property out of the estate your sister left a mortgage behind do you pay it?

The mortgage has to be resolved. It is not something that is inherited and a new mortgage may have to be obtained.


Can a judge order you to remove your soon to be ex-wife as a cosigner in divorce court if the title is in your name?

Yes. The judge can order the spouse who is keeping the vehicle to refinance it in their name only.


Do I owe my husband mortgage money if we divorce?

That will be decided by the judge or your attorneys.


How long do you have to wait before buying a house under a Chapter 13?

Any new debt, including a mortgage, must be approved by the judge. That shouldn't be a problem if your mortgage payments are the same or smaller than your rent. Most lenders will not make a mortgage loan to someone in Ch 13 but VA and FHA loans are a possibility.


If you default on your home mortgage can the mortgage company come after your car?

They can not directly come after your car. However a Judge can order assets seized. If there was no fraud involved in the mortgage this is an unlikely situation.


Can a judge force a joint owner to sign a quit claim deed if there is a mortgage on said property?

You have not provided enough detail. However, a judge can rule that a party shall lose their interest in the property. The outstanding mortgage must be addressed at the same time. The judge could rule the recipient of the property will be responsible for paying the mortgage. However, that could create a difficult situation if there is a default on the mortgage since the lender is not subject to the court order unless it was a party to the lawsuit.You have not provided enough detail. However, a judge can rule that a party shall lose their interest in the property. The outstanding mortgage must be addressed at the same time. The judge could rule the recipient of the property will be responsible for paying the mortgage. However, that could create a difficult situation if there is a default on the mortgage since the lender is not subject to the court order unless it was a party to the lawsuit.You have not provided enough detail. However, a judge can rule that a party shall lose their interest in the property. The outstanding mortgage must be addressed at the same time. The judge could rule the recipient of the property will be responsible for paying the mortgage. However, that could create a difficult situation if there is a default on the mortgage since the lender is not subject to the court order unless it was a party to the lawsuit.You have not provided enough detail. However, a judge can rule that a party shall lose their interest in the property. The outstanding mortgage must be addressed at the same time. The judge could rule the recipient of the property will be responsible for paying the mortgage. However, that could create a difficult situation if there is a default on the mortgage since the lender is not subject to the court order unless it was a party to the lawsuit.


What are the release dates for Judge David Young - 2007 Someone Stole My Polly 1-10?

Judge David Young - 2007 Someone Stole My Polly 1-10 was released on: USA: 13 September 2007


Definition of judicial release?

Judicial release is releasing something early by a judge. If someone is in jail for 5 years and is let out for good behavior this is called judicial release.


If your cosigner's credit is good but yours is not so good will you be denied an apartment?

The company extending the credit is the judge of that. they have guidelines to determine who that extend credit to.


What can a cosigner do when the car was involved in an accident and he was not the driver?

I've seen enough 'Judge Judy' episodes to almost recite her exactly... Anyone who cosigns for something - is equally liable for any costs. Although they were not responsible for the actual accident - the other party can sue each cosigner for the cost of repairing the damages.The cosigner who was not driving - would then have to sue the driver to recover their money.