Name on Warranty Deed but not on mortgage or note

Hi ARP,

I'm afraid, you hardly have anything to do in this regard. I would suggest you to contact a real estate attorney and take his opinion in this regard. If you can prove that your ex-girlfriend used fraudulent means to add her name on the deed, then the court may help you in getting back the property.

Thanks

Thank you for your quick response. It was fraudulent on her part but just to prove it will be my problem. I have found out since then, she has done the same thing to other people so she has a history I didn't know about at the time. But I learned a big lesson, not to just trust anyone like that. Thank you again for your help and advice.

My parents and I purchased a brand new home 5 years ago. Three of us signed Mortage Docs and Deed of Trust, but only my father signed the Note. As far as I understand from reading similar cases I will need to remove my name not only from the Deed of Trust but also from the Mortage Documents in order to suspend the liability to pay off the mortage. My question is how do I remove my name from the mortage? At this time the loaner has filed a law suit against the three of us , although my father was the solely responsible to pay off the mortage.
Thanks for your advice.

Hi blj,

If your name is on the mortgage docs and you want to remove it, then you will have to ask the other two borrowers to refinance the loan in their name. But you have mentioned that your mortgage lender has filed a lawsuit. In that case, I doubt whether or not you would be able to remove your name from the mortgage docs.

Thanks

My husband and i refinanced our property in 2004. The broker told me that I don't qualify for the loan and only my husband will be on the loan. I signed the deed but not the note, and i am not on the mortgage but am on title. Due to bank chnaging terms on us without our knowledge we cant pay the amount they are asking. We are in foclousre now. If they sell the property I guess I am not liable, but shouldn't i get half of the profit than? since I am not liable for the loan according to the deed of trust?

Hi Guest,

I've given my suggestions in regards to your query at:
http://www.mortgagefit.com/problems/sellproperty-foreclosure.html#161444

Take a look at it. Hope it helps you.

Thanks

If my name is not on the deed or mortgage do i still have any rights? I live in New York State
I was informed that in New york there is a 50/50 clause that entitles you to half the property if you were to sell. We are refinancing the house and with my horrible credit only my wife can refinance

Hi GMAN,

If your name is not on the property deed, you don't have rights to that property.

Thanks

I've lived in this house for almost three years. The owner recently allowed me to purchase the house from him for $7,500 and I was told that after I pay off the remaining balance of the loan I would own the property. After doing a warranty deed and the money transaction he said to continue paying him until he finish working things out with the bank. Sortly after I began recieving forclosure letters in the mail. He said he was doing a modificaion on the loan but I am extremely nervous about this. What should I do?

Hi Tish!

Welcome to forums!

May be the modification has been rejected by the lender and thus the lender is trying to foreclose the property. You should clarify the whole matter with your landlord as well as the lender and then proceed further. You can even involve an attorney in the whole process.

Feel free to ask if you've further queries.

Sussane

my parents were divorced after filing bankruptcy. in the divorce papers my dad assumed all responsibility for the property and all debt. in return, my mom got nothing from the divorce. my mom also did a quitclaim deed. my dad has since skipped town and left my mom to deal with this. is my mom still responsible for the mortgage debt, even though the divorce papers say she is not?

Welcome Guest,

If the divorce paper says she is not responsible for the debt, then she won't be liable for paying the debts. Nevertheless, it will be a good option to contact an attorney and take his opinion in this matter.

Is it legal for my 80 year old mother, once she has passed away, for the mortgage to stay in her name? Also, if she has quick deeded this to one person what is that person's obligation on this loan?

thank you

Hi babybooboo!

Welcome to forums!

Unless the person refinances the loan in his/her name, the person won't have any obligation toward the mortgage. But if the person refinances the loan, he/she will become responsible for the mortgage and if he/she pays off the dues on time, then he or she will be able to save the property.

Feel free to ask if you've further queries.

Sussane

ON MY HOME MY DAD DEEDED THE HOUSE TO ME I'M THE ONLY NAME ON THE DEED NOW AND THE MORTGAGE IS IN HIS NAME AND HE RECENTLY PASSED AWAY WILL I STILL BE ABLE TO KEEP THE HOUSE AND KEEP PAYING THE MORTGAGE MYSELF?