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    Heddie1's Avatar
    Heddie1 Posts: 1, Reputation: 1
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    #1

    May 2, 2012, 05:32 AM
    NY SAHM should I be on house deed only or both mortgage and deed
    My husband and I are trying to determine the advantages/ disadvantages of me being on deed and not mortgage in state of NY. My fear is that should something ever happen to him what rights do I have to the home? Would the loan as is be transferred to me or would I have to get a new loan in my name only? If I can't make payments immediately and loan starts to default could bank sell home for mortgage only and I'd be left with nothing? Obviously advantage is if we default for any reason my credit history is not affected, but not sure of any other benefits. Please help.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 2, 2012, 07:27 AM
    First you want to be on the DEED for sure, if not, you don't even own the home, being on just the loan does not give you any rights

    Normaly it is not your choice, most lenders will not allow you to be on the deed and not the loan, you will have to get their permission for that. You want to be on both since if he would die, or just not want to pay the loan, you have no legal right to talk to them about the loan.
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