Can your name be on a home mortgage if it’s not on the deed?
Renting & Real Estate
dbpmprl asked:
My husband died recently. I know for sure that I’m on the home mortgage and the home equity loan. I can’t find the deed to the house though. Is it possible to be a grantor on a home’s mortgage is you’re not also on the deed?
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My husband died recently. I know for sure that I’m on the home mortgage and the home equity loan. I can’t find the deed to the house though. Is it possible to be a grantor on a home’s mortgage is you’re not also on the deed?
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August 10th, 2008 at 11:31 pm
You can, indeed, have signed a mortgage agreement without being on the title to the property. You can easily check the ownership records at the local county land office or register of land deeds.
They will have copies of what you need.
August 14th, 2008 at 10:31 am
Yes, it is. But you should remember signing something to that effect. Try searching on line through your local county Grantee/Grantor Index, if it’s available on line in your county. Otherwise call your local County Recorder and, for a low cost, they can send you a copy of your Deed of Trust.
August 16th, 2008 at 2:25 am
Yes it can, I can look up the vesting (deed) if I have the address.
Depending upon the state it may not matter if you’re not on the deed or not.
August 17th, 2008 at 3:17 am
You should know if your name is on a mortage because you would have had to signed. He could not have had your name on the mortgage without your signature, unless it was forged. It is always best to get the advice of an attorney.
August 18th, 2008 at 12:00 pm
I am very sorry for your loss….I am sure alot of what to do can be very confusing.
If you are the surviving spouse, you don’t have to change anything, other than adding your name to the deed.
If you keep paying it, on time, as his widow, you inherit the tax deductions and cannot legally be forced to refinance the home.
Alot of people will ill-inform you that you have to refinance, and you do not. You can go down to the county register of deeds and have your name quit-claimed onto the property since you are the surviving spouse…just take the death certificate with you.