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2016-04-19
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2017-12-07
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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
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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.
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