Ask Experts Questions for FREE Help !
Ask
    darthdivorce's Avatar
    darthdivorce Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 10, 2012, 10:16 PM
    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?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Feb 11, 2012, 10:19 AM
    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,
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Feb 11, 2012, 10:33 AM
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Mortgage in my mothers name but we pay the mortgage we want to add ourselves to deed [ 4 Answers ]

We refinanced with my mother we are not on the mortgage but we pay the mortgage she does not live here so we want to add our names to the deed she is very old now and we want to protect our interest!

Adding name to deed when name is on mortgage but not on deed [ 2 Answers ]

My husband and I bought a house 14 years ago . We both are on the mortgage with me being the primary on the mortgage , but my husband name is only on the deed . How do add my name to the deed since we both are paying the mortgage

Warranty deed versus mortgage deed [ 1 Answers ]

What deed is given when there is a mortgage on the property


View more questions Search