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    borrower's Avatar
    borrower Posts: 2, Reputation: 1
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    #1

    Mar 3, 2010, 09:57 PM
    How could you get a mortgage if name is on the title but not on property deed
    I just found out that my name is not on the deed to our home but the mortgage is in my name only and my husbun and I don't now if it is on the title
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Mar 3, 2010, 10:10 PM
    The deed is the title. If your name is not on the deed then you are not an owner of the property. If you're not an owner, and if your name is the only name listed on the mortgage, then the lender would not be able to foreclose on the property if you fail to make the payments.
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    #3

    Mar 4, 2010, 05:50 AM

    On a uniform residential loan application there is a place that said title will be held in what name's my husband name is first then mine along with his wife under it but my husband did not sign anything and the deed in his name not mine only the loan
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Mar 4, 2010, 06:19 AM
    The loan application means nothing when it comes to ownership. It's just telling the lender that you intend to take title in both names. But that can get changed between the time you apply for the loan and the time you close and take title.

    If your husband's name is the only one on the deed then he is the only owner. If your name is on the mortgage note and the mortgage then you are personally responsible for repayment of the loan. If your name is only on the mortgage and not on the mortgage note then you have no personal responsibility for paying back the loan. Your name may have been listed on the mortgage in order to give up any marital rights you may have to the property in the event the loan is not repaid and the lender forecloses.
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