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-   -   I'm on the mortgage but on the deed with my parents can they ask my to giveupthe home (https://www.askmehelpdesk.com/showthread.php?t=507819)

  • Sep 15, 2010, 10:33 AM
    polly001
    I'm on the mortgage but on the deed with my parents can they ask my to giveupthe home
    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?
  • Sep 15, 2010, 10:37 AM
    ebaines

    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.
  • Sep 15, 2010, 10:38 AM
    smoothy

    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.
  • Sep 15, 2010, 10:42 AM
    polly001
    What interest does a person that's on the house deed and not on the mortgage have?
  • Sep 15, 2010, 10:43 AM
    smoothy

    Why did you open TWO threads on this topic giving opposite information in each?

    https://www.askmehelpdesk.com/real-e...me-507819.html
  • Sep 15, 2010, 10:50 AM
    polly001
    Comment on ebaines's post
    And now they have served me with a 60 day notice to terminate tenancy
  • Sep 15, 2010, 11:23 AM
    ebaines

    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.
  • Sep 15, 2010, 11:50 AM
    smoothy

    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.
  • Sep 15, 2010, 11:52 AM
    ballengerb1

    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 "
  • Sep 15, 2010, 11:52 AM
    smoothy

    Moderators, this thread should be merged with the thread indicated in my original answer as they have two questions open on one topic.
  • Sep 15, 2010, 11:55 AM
    smoothy

    Moderators please merge this thread with the one linked.

    Polly001 has two threads open on the same topic

    https://www.askmehelpdesk.com/real-e...ve-507823.html
  • Sep 15, 2010, 12:51 PM
    ebaines

    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?"
  • Sep 15, 2010, 01:07 PM
    AK lawyer
    Quote:

    Originally Posted by polly001 View Post
    what interest does a person thats on the house deed and not on the mortgage have?

    They own it, subject to the mortgage.

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