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Second mortgage taken without my consent, do i pay it back?

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Youngwidow

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Post Posted: Tue Jan 24, 2012 6:36 pm    Post subject: Second mortgage taken without my consent, do i pay it back?
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My late husband took a second mortgae on our home. It is in his name only, i found the original documents after i called the bank and they said my name was not on the loan. My husband died, do i have to pay the loan back. The house was in both names, now it is in mine. Do i need to talk to a lawyer? I live in ohio.
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Post Posted: Tue Jan 24, 2012 7:17 pm    Post subject:
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the lender certainly has a lien on the property.
even though you are not in a community property state... you are likely on the hook
but i would talk to a real estate attorney

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Post Posted: Tue Jan 24, 2012 11:11 pm    Post subject:
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Hi Youngwidow,

If your name is not mentioned on the mortgage docs, then you are not liable for the loan. But if you want to save the property, then you will have to get the mortgage transferred in your name through assumption or refinance and pay off the mortgage.

Thanks
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