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My Name is On Deed, But not Loan, am I responsible for past loans against my house?

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annalisa

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Post Posted: Thu Apr 21, 2011 5:32 am    Post subject: my name is on the deed but not on the mortage note
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Hello, my boyfriend and I live together since 2004. If we split up do I have any rights to the home. Both of our names are on the deed but his name is only on the mortgage note. He keeps saying the house is his and he can kick me out anytime.
Icon Mini Profile adonis
adonis




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Post Posted: Thu Apr 21, 2011 11:37 pm    Post subject:
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Welcome annalisa,

If your name is mentioned on the property deed, then you will be considered as one of the owners of the property. Your boyfriend won't be able to ask you to leave the property. Even if he forces you to do so, you can take legal actions against him.

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SYS

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Post Posted: Sat Jun 25, 2011 7:45 am    Post subject: divorce
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My ex-husband sign a paper in court that he will be fully responsible for the house In the eyes of the court I sold the house to him for a dollar although I was a co-signer . He let the house go into forecloser has not paid the morgage since Aug 2010 . It has been report on my credit .I have not lived in the house for 4 years what advise can you give ..desperate !
Icon Mini Profile smithsussane
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Post Posted: Mon Jun 27, 2011 12:14 am    Post subject:
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Hi SYS!

Welcome to forums!

You should have asked your husband to refinance the mortgage when you transferred the property to him. This would have saved you. However, as your name was mentioned as the co-signer for the mortgage, the foreclosure will have a negative affect on your credit report.

Feel free to ask if you've further queries.

Sussane
Lorie

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Post Posted: Thu Jul 21, 2011 8:20 am    Post subject: foreclosure
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my house is in final stages of foreclosure from the bank and i am not on the mortgage my father is and has passed away. I have a Repersentatives Deed in my name. The bank has stated in Foclosure papers there is a sale date and at that that when the house is sold a lein will be put on me. My question is if nobody purchases the home at Auction will I have to move out of the home?
Icon Mini Profile smithsussane
smith.sussane




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Post Posted: Thu Jul 21, 2011 11:01 pm    Post subject:
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Hi Lorie!

Welcome to forums!

The lien cannot be forcefully put on your name unless you refinance or assume the mortgage. If nobody purchases the home at the auction, then you may not have to leave the property.

Sussane
mildred

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Post Posted: Mon Aug 15, 2011 5:21 am    Post subject: loan modification
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My husband and i are divorced we bought a house together he did not want the house so he quick claimed me the house i went through a loan modification was accepted but his name is still on the house. The bank wants me to pay to get him off the house. they want $400.00-$900. which i do not have. Are there any consequences for not paying? Does he have any claim to the house still?
Icon Mini Profile jameshogg
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Post Posted: Mon Aug 15, 2011 10:10 pm    Post subject:
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Hi mildred,

If the property deed still mentions your husband's name on it, then he will be considered as one of the owners of the property and will be able to claim the house.

Thanks
Jim007

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Post Posted: Thu Sep 08, 2011 5:22 am    Post subject: Short sale
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I have a friend in Napa Ca. who is on the deed with her estranged husband yet the loan is in his name. The bank Chase has accepted an offer on a short sale, and the realtor is claiming she must move in 10 days! She has lived there for 14 years! Can they kick her out?
Icon Mini Profile smithsussane
smith.sussane




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Location: Alaska
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Post Posted: Thu Sep 08, 2011 10:58 pm    Post subject:
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Hi Jim!

Welcome to forums!

After the short sale is over, the lender can send her an eviction notice and ask her to leave the property. After the sale, the property will belong to the new owner and the new owner will refinance the mortgage in his/her name.

Feel free to ask if you've further queries.

Sussane
Sally Sue

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Post Posted: Wed Sep 21, 2011 1:06 pm    Post subject: My Name is On Deed, But not Loan?
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Can my SO take the house from me if we were to split or do I have legal ownership of the property/
Icon Mini Profile jameshogg
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Post Posted: Wed Sep 21, 2011 9:29 pm    Post subject:
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Hi Sally,

If your name is on the deed, then you will be able to claim ownership in that property. If the property is sold off, then you will be able to claim a portion of the sale price.

Thanks
Sally Sue

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Post Posted: Thu Sep 22, 2011 7:17 am    Post subject: My Name is On Deed, But not Loan?
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Thanks for the info James!!
Icon Mini Profile jameshogg
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Post Posted: Thu Sep 22, 2011 10:14 pm    Post subject:
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You're welcome, Sally!! Smile
DMC71

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Post Posted: Thu Mar 01, 2012 12:29 pm    Post subject: Wil I incur penalty withdrawing IRA for home purchase
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My name and my husband's name is on the deed to our home. His name is the only name on the mortgage. We would like to sell our existing home and purchase a new home of greater value. My question is 'Can I withdraw money from my traditional IRA, without incurring penalties, since this is my first home purchase' or am I not considered a first-time home buyer b/c my name is currently on a deed? Thank you.
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