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

    Dec 5, 2012, 06:52 PM
    Can a name be on a mortgage but not the deed
    I had my husbands name removed from the deed but it is still on the mortgage loan papers because he is in a nursing home, is this legal.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 6, 2012, 04:13 AM
    How did you have his name removed from the deed? You can't just remove someone from a deed, they have to agree to the transfer of the property.

    And yes it is legal for someone to be listed as a borrower on a mortgage loan without being on the deed, but its unusual. Most mortgages have a due on sale clause that would allow the lender to call the loan if the property changes title.
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