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jok2045 · Joined: 07 Feb 2011 Posts: 1 1.45 Dollars($)

Hi, My partner and I bought a house about 10 years ago. Since my credit was not the best, she secured the loan in her name only. I was added later on with a quitclaim deed. Due to a large hospital bill, we refinanced and I was put on the new mortgage. The loan was an ARM so we refinanced again, but the new loan was only under her name(my name is still on deed). The house is now in danger of being foreclosed on as the payments have doubled because of the ARM and she's been trying to do the modification program for over a year (huge joke). We recently ran credit reports on us both and although she had been making the 'modification' trial payments 2 weeks before they were due, they have been reporting the loan late for 14 months. She was denied twice for obscure reasons, and is in the middle of trying a 3rd time. The loan is not on my credit report at all. We live in NY state. The lawyer we asked about this told us that it would be considered an illegal mortgage. We are thinking of hiring a Real Estate attorney, as the one that told us is a bankruptcy attorney, but don't want to throw more money into this mess. Is this true? What are our options?

smithsussane · Posted: Mon Feb 07, 2011 9:25 pm Post subject:

Hi jok!

Welcome to forums!

Your name can be on the property deed and not on the mortgage. As far as i know, it won't be considered as illegal. Nevertheless, it will be better to contact a real estate attorney and take his or her opinion in this matter.

Feel free to ask if you've further queries.

Sussane

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Name on deed not mortgage

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