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    Erantak's Avatar
    Erantak Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Aug 9, 2012, 02:11 PM
    Do we have right on a property?
    If both of me and my husband is not on the deed but the mortgage.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #2

    Aug 9, 2012, 02:40 PM
    If you hold the mortgage, you have a right to file a lien on the property if you don't have one already. This prevents the owner from selling without paying the loan, assuming the buyer does due diligence.
    If no payment, you can foreclose according to the laws of the state it is in. You don't have rights to the property until foreclosure is final. The day it is final the mortgagee still has the right to pay the loan. There are different kinds of foreclosure, they take time, and you really need to let a lawyer handle it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Aug 9, 2012, 02:54 PM
    If you are not on the deed you don't have an ownership interest in the property. If you HOLD the mortgage, then you have a lien on the property.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Aug 9, 2012, 03:42 PM
    Need to know how you are "ON" the loan

    Do you own the loan and the people owe you the money for the home ?

    Are are you listed and owe the loan?

    If you owe or listed as one of the people who owe the money, you have really no rights, you have to pay if they don't pay.

    If they owe you the loan, you have what rights are given to you in the loan documents. Often you may have right of inspection with advanced notice.
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