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My name is on Deed, but not on Loan, am I responsible for past loans against my house?

Sometimes it may be the case that your name is on the property deed but not on the mortgage loan. In such situation, one pertinent question that may come to your mind is that, “Am I responsible for the mortgage dues?” The answer is no. You are not at all responsible for paying the mortgage dues, though you have ownership rights in the property.

But in the event of any legal action taken against the property such as foreclosure, responsibility will lie on you too, since you are an owner. In case of foreclosure of the property, your credit position will be negatively hit.

My Name is On Deed, But not Loan, am I responsible for past loans against my house?...My husband recently put my name on the Deed to our House. I was never on the loan papers. If he made a loan using our home as collateral prior to our marriage would I be responsible for payment of that note?

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

You're welcome, Sally!! :)

Like | Dislike | Share | Posted: Thu, 09/22/2011 - 22:14

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi pabbb!

Welcome to the forums!

In community property states, the husband and the wife have equal rights to the property. Thus, the lender wants to make sure that your husband's name is added to the property deed.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Mon, 09/23/2013 - 23:25

jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi didi,

As your name is not mentioned on the mortgage note, you won't be liable for paying the mortgage dues. However, as the tenant in common has died, you can [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the loan in your name and start paying off the dues. If the lender does not receive the mortgage dues on time, then he would foreclose the property.

Thanks,

Jerry

Like | Dislike | Share | Posted: Thu, 07/29/2010 - 01:58

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thanks for the response jameshogg. So it will be named on the lawsuit, will there be mention of it at all on my credit? A note or anything? And this applies to all states?

Like | Dislike | Share | Posted: Wed, 02/27/2013 - 15:23

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My Name is On Deed, But not Loan, the other person on the deed has past. No Insurance. He was an ex-boyfriend and we have been apart for 3 years. What are my options?

Like | Dislike | Share | Posted: Mon, 04/29/2013 - 23:17 | Post subject:

gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

clearly, that last piece of advice makes sense - don't repay until you have clarification on that account. you need to request documentation from the creditor to verify that your name appears on both bills - if they are not forthcoming, i suppose you could put a demand on them, hire an attorney and go from there.

is it possible that you can put your hands on some of those previous bills, to reflect that they're his only?

Like | Dislike | Share | Posted: Wed, 04/07/2010 - 06:49

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My son owns his house, he wants to put my name on the deed. If I do and he is sued, can they use his house as payment and also sue me?

Like | Dislike | Share | Posted: Mon, 11/18/2013 - 19:06 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Kevin,

If your name is on the mortgage, then you've full responsibilities toward it. The lender will come after you in order to recover the balance amount resulting from the sale of the property.

Like | Dislike | Share | Posted: Mon, 09/06/2010 - 02:08

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi cas,

A quitclaim deed won't remove your ex-spouse's name from the property deed. It will only remove his/her name from the property deed. You will have to contact the lender and try to assume the loan. This will help you in getting the mortgage transferred in your name and then you can apply for loan modification.

Thanks

Like | Dislike | Share | Posted: Thu, 03/15/2012 - 23:59

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

what is a defendent in a forclosure .does it go on your credit report
when you never signed any papers for the mortgage loan

Like | Dislike | Share | Posted: Mon, 02/21/2011 - 17:14 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My father was honorably discharged during war time.... My parents purchased a house with a VA loan.... They paid the house off twice.... She took a loan out on the house but my fathers name isn't on the loan but is on the deed.... She passed away last year and now home is on the verge of foreclosure.... Is there any assistance or veterans benefits to prevent this from happening?

Like | Dislike | Share | Posted: Wed, 09/11/2013 - 16:01 | Post subject:

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Henderson!

Welcome to the forums!

Your mother will have to first get the property transferred in her name solely. Once that is done, your mother should get in touch with the lender and seek to refinance the loan. In order to do so, she needs to meet all the required criteria of the lender.

Feel free to ask if you’ve further queries.

Sussane

Like | Dislike | Share | Posted: Wed, 05/08/2013 - 23:10

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

In washington state there is a law that the mortgage company cannot pursue for the amount due on the house if you forclose, or whatever. Let's say someone has a loan on a house in washington and forcloses. However, they then get their name on a deed in a house in oregon but they are not on the loan in oregon. can the banks come after the property in oregon?

Like | Dislike | Share | Posted: Wed, 09/11/2013 - 13:52 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My wife and I may have to default on our mortgage, she is on the deed but not the loan. Can she be held responsible for the payments.

Like | Dislike | Share | Posted: Wed, 09/11/2013 - 13:03 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my husband and i bought a house in 2004, the loan is in my name but bc of community property laws, his went on the title...we are now divorced, i refinanced the home last year, and discovered, my name is not on the deed. so i'm the only one on the loan and he is the only one on the deed. he refused to sign papers terminating his rights to the house...what are my rights?

Like | Dislike | Share | Posted: Tue, 09/10/2013 - 20:11 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Tatyana,

If your name is mentioned on the property deed, then you will be considered as one of the owners of the property. In such a situation, you will be able to claim your share in case of a divorce. However, if your name is not on the mortgage, then you won’t be liable for the mortgage payments.

Like | Dislike | Share | Posted: Wed, 03/06/2013 - 21:37

pabbb's picture
pabbb | Joined: September 23, 2013 11:12 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am currently in the process of re-financing my home that I purchased before my husband and I were married. I live in PA and the mortgage co. is saying that the title co. is requiring my husband to sign papers to do with the title or the deed. They stated that this is because we live in a state that has community property laws. They only brought this to my attention last minute and are not really clear why his signature is required...I was hoping to have some light shed on this before he signs anything.

Like | Dislike | Share | Posted: Mon, 09/23/2013 - 11:49

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Pumpa,

It will depend upon your state laws whether or not you will have part ownership on that property. You should contact a real estate attorney and take his opinion in this regard.

Thanks

Like | Dislike | Share | Posted: Tue, 08/13/2013 - 21:30

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My name is nowhere on the mortgage note, but it is on the deed to the house. Am I responsible for the mortgage payments? And, my tenant in common died and his name alone was on the latest mortgage note.

Like | Dislike | Share | Posted: Wed, 07/28/2010 - 21:17 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Beulah,

As your name is only on the property deed, you will be considered the property owner. The lender won't be able to come after you to recover the mortgage. However, if he does not receive the loan payments on time, he can foreclose the property. It will be better if you could [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the mortgage in your name and pay off the dues to save the property.

Like | Dislike | Share | Posted: Tue, 04/30/2013 - 22:38

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi dannycleary,

Your ex can sign a quitclaim deed and transfer the property to you to remove her name from it. As her name is not mentioned on the mortgage docs, she will not be liable for paying any mortgage dues. The lender will also not be able to come after her.

Hi Rally,

You should contact an attorney and he will let you know as to who will do the needful in this regard.

Thanks

Like | Dislike | Share | Posted: Sun, 11/17/2013 - 21:34

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Wed, 09/21/2011 - 21:29

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello, I have read through and think I know the answer but I will ask anyway.

My father passed away in 2007 and left me his house. My name is on the deed and his name is on the mortgage. I was a college student at the time and did not have good enough credit or income to refinance in my name. The loan is still in his name, the house still in mine now six years later. I have paid every payment on time but I still owe just under what the house is worth on his mortgage. I know I have one option of selling to pay off the mortgage but I absolutely do not think I will get enough to cover the total cost as the neighborhood isnt what it once was.

I would really like to walk away from the house and move closer to my work. It seems like the answer to my question is that I am not responsible for the loan payments but if the house were to fall into foreclosure that I will be named on the suit as the homeowner. Correct? If that is the case then what does that really mean? Will it negatively affect my credit? I wouldn't think it would since I've been making payments for 6 years and it hasn't in anyway helped it, so why would it be able to hurt it? I am located in Ohio, if that is a factor.

Thank you for your time,

Chris

Like | Dislike | Share | Posted: Tue, 02/26/2013 - 17:24

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome michelle,

The borrower will be the defendant of the loan. It will be mentioned in your credit report as a negative item. However, if you've never signed the loan, then you won't be considered as the borrower or the defendant.

Like | Dislike | Share | Posted: Mon, 02/21/2011 - 23:38

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am on the deed of the house but not on the mortgage. I live in the home and was sending the payments to the person on the mortgage. The person who is on the mortgage stopped paying the payments, and now the house is in foreclosing process. Does anyone know if I can apply for a mortgage on my own and save the house??

Like | Dislike | Share | Posted: Fri, 02/04/2011 - 07:46 | Post subject:

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Jay!

Welcome to the forums!

If the loan is not paid on time, then the lender has the rights to foreclose the property. As your father's name is not mentioned on the mortgage docs, there is hardly anything that he can do in this regard. Nevertheless, he can still speak to the Department of VA and check out if they can help him.

Feel free to ask if you have further queries.

Sussane

Like | Dislike | Share | Posted: Wed, 09/11/2013 - 21:36

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi anonymous,

Unless your name is added to the property deed, you will not be considered as the owner of the property. You will have to somehow convince your ex to add you to the property deed.

Thanks

Like | Dislike | Share | Posted: Tue, 09/10/2013 - 22:27

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi 2unknow4u,

You can refinance the loan if you meet all the required criteria of the lender. Once you refinance the loan, your name will be added to the mortgage docs. Thus, you will be liable for the payments.

Like | Dislike | Share | Posted: Mon, 09/23/2013 - 00:17

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Question, I have been divorced for 7 years now. and my ex husband is now in the process of getting divorced for the second time.Before our divorce was final he purchased another home with his girlfriend at the time. I was informed and recieved a copy of the title to there home. On the title it states that he was a married person at the time of the sale. I do believe that makes me part owner of this property am I correct to assume this. And am I entitled to compensation to relinquish my signature of the title? And how would that be split. I'm assuming his new ex will want him to buy her out.

Like | Dislike | Share | Posted: Tue, 08/13/2013 - 11:22 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi rodeomom,

You husband should inform you about the mortgage if your name is on the property deed.

Thanks

Like | Dislike | Share | Posted: Tue, 10/05/2010 - 22:21

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my father is on the loan, but on the deed is my father, sister and myself. we are all paying the mortgage. what happens if my father dies can my sister and i continue making the mortgage payments. i was inform that once the owner dies the debt is erase is this right?, the mortgage now is been paid under my sisters account

Like | Dislike | Share | Posted: Tue, 06/01/2010 - 11:30 | Post subject:

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi my aunt!

Welcome to the forums!

As you will be taking out the loan, it will be in your name and the property will be considered as the collateral. There will be a lien on the house.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Wed, 08/28/2013 - 23:29

jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi JODY,

You are not responsible for the repayment of the mortgage unless you co-signed or co-borrowed with your spouse. You are legally not liable to pay off the mortgage if you did not sign on the mortgage promissory note. But in case you are in a community property state, your spouse's debt will be considered as your liability until you are divorced.

Like | Dislike | Share | Posted: Sun, 03/14/2010 - 23:47

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have my ex and his attorney telling me I am not on the deed. I got a call wed that he wants to refinace and that they need me to quick claim it over to him to have me removed I told them that I was not on the deed any way it seems that I am on the deed do I have to sign off and do I need to have an attorney at this point. I did sign a paper and it took me off of the taxes but that all as far as I know

Like | Dislike | Share | Posted: Sun, 10/21/2012 - 18:33 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If my name is on the mortage is it also on the deed?

Like | Dislike | Share | Posted: Fri, 10/29/2010 - 19:35

savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

To jenny,

Your mother can transfer the title to you through a lady bird deed. This will transfer the ownership to you right away while she will retain life estate to the property. It means that though you will be a legal owner of the property, your mother will have the right to use the home as her primary residence during her lifetime.

Signing the lady bird deed does not make your mother ineligible for Medicaid. But she needs to express her intent to return to the property after being taken to the nursing home. The home can be exempt from Medicaid asset recovery if her spouse or you occupy the property when she is not around.

Like | Dislike | Share | Posted: Mon, 04/05/2010 - 02:22

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I recently re-financed by property. The title is still on old owners name, because while filing for new title the description page (Exhibit) was not attached. Who would be responsible to fix this issue, the title company or the escrow. The escrow is pointing at Title company and vice versa. The state is california.

Thank you
Please advice

Like | Dislike | Share | Posted: Fri, 11/15/2013 - 14:29 | Post subject:

dannycleary76's picture
dannycleary76 | Joined: November 15, 2013 07:59 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Below is a question I posted before I registered. In the question I meant to also ask if my ex can simply take her name off the deed as she in not on the mortgage? Here is what I posted earlier:
I divorced 2 years ago. We still own a house and my ex in not on the mortgage, just me but we are both on the deed. The loan has been in default since Dec 2010. She wants to get her name off the deed. We are in Massachusetts. Does she have any liability if the house forcloses and her name is still on the deed? Thank you

Like | Dislike | Share | Posted: Fri, 11/15/2013 - 08:05 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have a house under my name and I would like to refinance. Is the loan going to be under my name or under the house?

Like | Dislike | Share | Posted: Tue, 08/27/2013 - 22:45

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I divorced 2 years ago. We still own a house and my ex in not on the mortgage, just me but we are both on the deed. The loan has been in default since Dec 2010. She wants to get her name off the deed. We are in Massachusetts. Does she have any liability if the house forcloses and her name is still on the deed? Thank you

Like | Dislike | Share | Posted: Fri, 11/15/2013 - 05:55 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have a house under my name and I would like to refinance. Is the loan going to be under my name or under the house?

Like | Dislike | Share | Posted: Tue, 08/27/2013 - 22:39

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

Like | Dislike | Share | Posted: Thu, 09/08/2011 - 05:22 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

It will be better if the wife could refinance the mortgage and then continue making the payments. This will help the wife get the property transferred in her name.

Thanks

Like | Dislike | Share | Posted: Mon, 10/08/2012 - 00:29

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome dee,

If you name remains in the property deed, then you may claim some ownership to that property. Nevertheless, to be on the safe side, you should get in touch with a real estate attorney and get you to know your rights in this regard.

Like | Dislike | Share | Posted: Tue, 02/12/2013 - 22:15

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Your can refinance the home loan alone in your name if you meet all the required criteria of the lender. However, it will be better if you could get in touch with your husband and ask him to transfer the property ownership solely to you.

Like | Dislike | Share | Posted: Mon, 05/06/2013 - 00:31

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest!

Welcome to the forums!

I can understand what a tough time you're going through! You can re-apply for a mortgage modification with your lender and check out what they have to say in this matter. You can even contact an attorney and check out if he can help you in this matter.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Wed, 04/03/2013 - 23:20

gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

As stated, the debt is not erased when a borrower dies (unless there is mortgage life insurance on the loan - a bad thing to do). I say that because regular life insurance is far better.

In the event of your father's death, you ought to visit the lender's office if it's closeby, or contact the servicer - whatever is needed - to explain the circumstances and attempt to renegotiate the loan if needed. If you simply continue making payments, the lender is not likely to recognize a death and will simply continue receiving them. If you do this until the loan is paid in full, you'll then own the property free and clear of encumbrances.

Like | Dislike | Share | Posted: Sat, 06/19/2010 - 08:50

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Guest,

If you pay off the liens and all other charges and fees of the new company, then you will be able to own the property.

Like | Dislike | Share | Posted: Sun, 09/08/2013 - 22:53

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my name is on a mortgage of a single family home considered an investment property. my sister lives in the home and is making the payments but is having trouble. she is on the deed but not on the mortgage. i want to sell the house but can't get her to agree and because she is on the deed i need her agreement. if her name comes off the deed i can sell the house without her agreement. if her name stays on the deed and it goes into foreclosure, is her credit affected at all or what is her liabilty

Like | Dislike | Share | Posted: Sun, 09/26/2010 - 07:16 | Post subject:

Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

As the property is in your name, your parents don't have any claims over the property. If your parents divorce, then your property cannot be split.

Like | Dislike | Share | Posted: Mon, 10/04/2010 - 02:14

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