You need to check on your state laws. That being said, in more cases the answer is NO. He can not.
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.
Unmarrie couple both name on deeds the mortgage is on his name
A legal mortgage of unregistered land in which the mortgagee does not keep the title deeds of the land as security.
Well Georgia is a Debt Deed state not a mortgage state. So if you have a debt deed to record you can do it at the clerk's office in the town , city or county where the property is located. Deeds will have to be filed there too.
A discharge of mortgage officially recognizes that your loan has been paid off. Once you receive such document, if you get the original, it should be filed with the County/District Registry of Deeds for where the property was located. Only upon recording of the discharge of mortgage will it be officially released. If the discharge is not recorded, any title exam will indicate the mortgage remains outstanding.
If there is still a mortgage on the home then the deeds will be with the mortgage provider and they will not allow you to change the deeds without paying off the mortgage first.
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.
Unmarrie couple both name on deeds the mortgage is on his name
A legal mortgage of unregistered land in which the mortgagee does not keep the title deeds of the land as security.
If the mortgage has been paid and you receive a discharge from the mortgage holder, it must be recorded in the place where deeds are recorded and the filing fee paid there.
If you will still be an owner then you will also have to sign the mortgage.
If you are purchasing your house with a loan or mortgage then you do not actually own it, the title deeds are in the name of and held by the person or organization lending you the money. You can redeem your house by paying off this mortgage and thus gaining ownership of the deeds of title to the house.
Often, you are better to leave your mortgage running with say £1 in it as the building society will probably give you a reduction in house insurance with a mortgage. There is no reason why you should need to store the deeds at the building society unless you are looking to sell the house soon with them.
No, you cannot sell a house without the deeds as they are the legal documents proving ownership of the property.
First, the person who is the grantee on the deed owns the property. Period. Second, the person who signed the mortgage is obligated to pay the bank. If you signed a mortgage but didn't own the property the bank can come after you to pay if the property owner defaults on the mortgage. It will ruin your credit. Your answer: If you do not own the property and yet you signed the mortgage then you own nothing and you will be held responsible for paying the mortgage.
How to find mortgage notes online or else where? Check with the Register of Deeds in the county you are looking to find mortgage notes in. These are recorded as mortgages, trust deeds or land contracts in most states and they are a matter of public record. Some local offices have resources where you can do this research online. A good place to start of by doing a Google search for "property records" in the area you want to find mortgage notes in.
If you are referring to accidentally recording a discharge of mortgage, and you did NOT intend on releasing the mortgage...the solution is to re-record the mortgage with the registry of deeds. If the discharge was properly signed and executed, then it is legally valid and you can not defend it in legal proceedings. Your loan is no longer attached to the properly upon properly releasing the mortgage with a mortgage discharge.