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Does the name on the mortgage need to match the deed?
Legally, at least one borrower must be on the title deed to qualify for a mortgage loan. However, most mortgage lenders prefer that all borrowers appear on the title. Since they do not have a legal interest in the real estate, they cannot execute a mortgage, pledging the property as collateral for the loan.
What does it mean if my name is on the deed but not the mortgage?
If your name is on the deed but not on the mortgage, your position is actually advantageous. The names on the deed of a house, not the mortgage, indicate ownership. It's the deed that passes real estate ownership from one entity to another.
When your name is on the deed but not the mortgage?
A: The answer is yes, unless the other person has a will naming other heirs. If the person on the mortgage tries to sell the property, he/she cannot do it without you. Since your name is on the deed, you would have to agree unless you're willing to give the other person a quit claim deed, giving them full ownership.
What are my rights if my name is on the deed?
If your name is on the deed before your spouse signed the mortgage, then normally the bank can only foreclose on your spouse's share of the home. Generally, your name is on the deed to the home, then you own an interest in it. The bank cannot foreclose since you did not transfer your interest to the bank.
Can I be evicted if my name is on the deed?
If you are on the deed, you are an owner of the house. An owner cannot be evicted or removed from the house, even by another owner. Your right to use, occupy, live in, etc.
Can a person's name be on a deed without being on the mortgage?
It is possible to be named on the title deed of a home without being on the mortgage. However, doing so assumes risks of ownership because the title is not free and clear of liens and possible other encumbrances. If a mortgage exists, it's best to work with the lender to make sure everyone on the title is protected.
Can you add someone to the deed of your house?
Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership.
Can you add a name to a mortgage without refinancing?
Adding a co-borrower to a mortgage loan isn't as simple as calling your mortgage company and making a request, and you can't add a co-borrower without refinancing the mortgage. A refinancing allows you to change the original terms of your home loan.
- [Voiceover] Let's say that this is me in this column over here, and that this is you in that column over there. And let's say that you are in possession of a nice juicy, of a nice juicy apple right over here. Let me draw this apple properly, let me make the leaf in green. So you are in possession of this apple, and I'm hungry, I would like to have an apple. And I just assume while you posses this apple, I assume that you own it, so I go up to you and say, "Hey, can I buy this apple from you?" And you say, "Okay, yeah. I don't really need it, "I'll sell it to you for a dollar." And so I give you a dollar, I give you one dollar, and then you give me the apple. Then you give me the apple, so now I have it, so now I have the apple. Somehow the apple got smooshed a little bit in the transaction. So now I have, I have, now I have the apple. Now when I did that transaction, there were some assumptions that were made, I assumed that possession of the apple was equivalent to ownership of the apple. I assumed, whoops, I assumed possession is equal to ownership. And you might be thinking, "Wait, wait, "under what cases would possession "not be equal to ownership?" Well what if you just picked this apple from your neighbors garden? The rightful owner of that apple is your neighbor, but you just picked it, maybe you swiped this from the corner store. Maybe you found this on a bench and you said, "Okay, well it doesn't seem "anyone else is claiming it. "So I'm just going to claim this apple." But maybe someone else had left it on the bench, and then they come back an hour later, said, "What happened to my apple? "I'm the owner of that apple." So you see that even in the case of an apple, possession might not be equal to ownership. So these two things might not be equivalent. But for something as small as an apple as, I guess you could say financially not as important, something that's you know has a market value of a dollar. It might be too much trouble to kind of do a background check on the apple to see do a forensic analysis to see who is guarding the apple came from or to see is someone else had legal right, legal title to the apple. And so for things like apples, we tend to just transact just assuming that possession equals ownership. Now let's take, let's up the stakes a little bit. Instead of an apple, let's say we're talking about a house. So let's say that you are in possession of this nice yellow house. So let me draw, we definitely want to visualize what a nice yellow house would look like. It's got some windows here, so and there's some nice gardening. There's, so you, you are in possession of this nice house. So what does possession of the house means? Well, it means you're living in it, you have the keys to the house, your station wagon is in the driveway. Your stuff is in the closet, your furniture. You have pictures of you and your family on the wall. So you seem to be in possession of this house. And you stick a for sale sign out on. So,...
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