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-   -   On the mortgage but not the deed what can I do (https://www.askmehelpdesk.com/showthread.php?t=635015)

  • Feb 10, 2012, 10:16 PM
    darthdivorce
    On the mortgage but not the deed what can I do
    I have a mortgage on a property that I let my daughter and son-in-law live in during their marriage for half of the mortgage loan amount. Their names are the ones on the deed, but not the mortgage. Now they are getting divorced and originally my daughter assured me he had agreed to remove his name and she was going to remove hers returning sole ownership back to me. Now he is refusing to remove his name from the deed. Is there anything I can do? I am responsible for the loan, and I know my daughter would try, but she can barely pay half the mortgage now with his help. If he decides to stop paying the mortgage... is there any recourse or can he just live in a property I am responsible to pay for and there is nothing I can do?
  • Feb 11, 2012, 10:19 AM
    Fr_Chuck
    What type of written agreement do you have with them?

    How did you get a loan on a property if you are not on the on deed?

    Ownership of the home will be decided by divorce court, the court could give him the house, or give the house to her. If they are the only ones on the deed, and they are not on the loan, and you are the only person on the loan, you could be in some serious trouble, since only you can be come after for payment on the house,
  • Feb 11, 2012, 10:33 AM
    ScottGem
    I'm also wondering how you got a mortgage without being on the deed. Did you, perhaps, transfer the property AFTER the closing? That transfer could be subject to litigation if the lien was not satisfied before the transfer.

    Another thing to check is whether the mortgage company still has a lien on the property. If they do, they may still foreclose regardless of who is on the deed.

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