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polly001
Sep 15, 2010, 10:33 AM
I'm on the mortgage by myself and I granted my parents on the deed months later but my mother has served me with a 60 day notice to terminate the tenancy letter on my own property what can I do?

ebaines
Sep 15, 2010, 10:37 AM
Polly - we need more info here. What tenancy letter? Are you paying rent to your parents? It sounds like your parents may be on the deed, but for some reason your name is on the mortgage loan - is that right? Please clarify.

smoothy
Sep 15, 2010, 10:38 AM
Yeah they CAN do that... assuming your name isn't on the deed, however you can also default on the mortgage. Make sure they know they better secure financing ASAP or its going into foreclosure as you won't pay for a house you can't live in.

Bad idea not having matching names on both the deed and mortgage.

polly001
Sep 15, 2010, 10:42 AM

smoothy
Sep 15, 2010, 10:43 AM
Why did you open TWO threads on this topic giving opposite information in each?

https://www.askmehelpdesk.com/real-estate-law/im-mortgage-but-deed-parents-can-they-ask-giveupthe-home-507819.html

polly001
Sep 15, 2010, 10:50 AM
And now they have served me with a 60 day notice to terminate tenancy

ebaines
Sep 15, 2010, 11:23 AM
You haven't answered the question as to whose name is on the property deed, so I will assume your parents actually are the owners, not you. You've been paying the mortgage, I suppose in lieu of rent, but that doesn't make you an owner. So your parents can indeed evict you, subject to the rules for eviction notices in your state.

smoothy
Sep 15, 2010, 11:50 AM
Use the answer this question field and not the comments so tha answers go where others can find them.

The people whose name oare on the deed own the house... assuming the mortgage gets paid.

The people on the mortgage are obligated to pay the loan... or their credit rating will suffer.

Being on the mortgage but not on the deed means you have to pay for someone else's house effectively.

Unless there are papers showing something to the contrary, ownership will be equal of everyone on the deed.

ballengerb1
Sep 15, 2010, 11:52 AM
Polly, please respond by typing in the big box labeled ANSWER THIS QUESTION rather than using the comments section, that's for something else. If you are on the deed and the mortgage you are the owner of record. Please explain what you mean by " and I granted my parents on the deed months later "

smoothy
Sep 15, 2010, 11:52 AM
Moderators, this thread should be merged with the thread indicated in my original answer as they have two questions open on one topic.

smoothy
Sep 15, 2010, 11:55 AM
Moderators please merge this thread with the one linked.

Polly001 has two threads open on the same topic

https://www.askmehelpdesk.com/real-estate-law/what-interest-does-person-thats-house-deed-not-mortgage-have-507823.html

ebaines
Sep 15, 2010, 12:51 PM
Polly - if your name is on the deed, then you are an owner. So you can not be evicted. Having a mortgage is immaterial - your paying the mortgage does not make you more of an owener, nor does it diminish the other owners' rights in the property.

The next question for you is: how is the property titled? Are you joint tenant with right of survivorship? Or tenants in common? And again - what is "the tenancy letter?"

AK lawyer
Sep 15, 2010, 01:07 PM
what interest does a person thats on the house deed and not on the mortgage have?

They own it, subject to the mortgage.