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Name on deed, but not on mortgage note

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Kag614

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Post Posted: Fri Sep 11, 2009 10:44 am    Post subject: Name on deed, but not on mortgage note
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Is it possible to evict someone from a house, if their name is on the deed, but not on the mortgage?

Two parties bought a house for a charity organization. The organization's name is on the deed, but not on the note. The organization has fallen apart, but the president is continuing to live in the house, claiming that they cannot afford to leave yet.

Is it possible to evict them?
We're in Massachusetts.

Thanks for any insight you can offer.

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Icon Mini Profile simonhovell





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Post Posted: Fri Sep 11, 2009 11:30 am    Post subject:
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Since he/ she is the legal president of organisation, you can not stop him/ her.
Icon Mini Profile smithsussane
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Post Posted: Fri Sep 11, 2009 7:28 pm    Post subject:
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Hi Kag!

Welcome to forums!

If someone is the co-owner of the property, then you cannot legally evict that person from the property deed. He/she would be considered as one of the owners of the property as per law. If you want to evict that person from the property, then he/she will have to first transfer the property to you.

Feel free to ask if you've further queries.

Sussane
Marie

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Post Posted: Sun Nov 22, 2009 2:15 am    Post subject: Name on Deed
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My husband and I are getting divorced and I moved out of our home.
The condo may foreclose and my husband received a letter from the lenders stating that if he could not pay the overdue mortgage payments that foreclosure proceedings will start.
Neither of us can afford the monthly mortgage payments alone.

My question is: My name is on the deed but not the mortgage. If the property does go into foreclosure, will my credit be affected? Will I be held responsible?
My husband will be leaving the country to go back to Europe where he is from. I would appreciate any information you can give regarding my reponsibilities with my name on the deed and not the mortgage. I cannot afford to make payments alone on this property.
Thank you.
Icon Mini Profile adonis
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Post Posted: Sun Nov 22, 2009 11:40 pm    Post subject:
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Hi Marie,

As your name is not on the mortgage, your credit report will not be affected if the property goes into foreclosure. Moreover, you won't be responsible for paying the deficient balance after the sale of the property. However, you'll lose the property.

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Amanda

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Post Posted: Sat May 01, 2010 5:51 am    Post subject: Name on deed, mortgage but not on note.
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My mother and i are on deed and mortgage in South Carolina My mom is going through a foreclosure. Will this but a lein on my own personal house or ruin my credit. Plus she has not paid HOA fees will this also hurt me in any way.

Thank you
Icon Mini Profile adonis
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Post Posted: Mon May 03, 2010 12:07 am    Post subject:
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Welcome Amanda,

As your name is mentioned on the mortgage documents, the foreclosure will have a negative affect on your credit report. Moreover, if the lender is unable to recover his dues from the sale, then he can place a lien on your property. As you are one of the owners of the property, the HOA can charge you for the dues.

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