I'm on the loan, he's on the deed


#1

If you deed the house to him and his name is not on the mortgage it is likely the mortgage company will foreclose on the loan anyway. Changing the title of the property is likely a violation of the “Deed of Trust” you filed with your mortgage company. Even if they do not foreclose on the house when you change the title, they will initiate foreclosure proceeding if he does not pay. As long as the mortgage is in your name, nonpayment will affect your credit.

If he will not agree to the sell the house and you cannot afford to keep it, then you will need to file a lawsuit and ask the court to order that the home be sold.

I would not use the Separation Agreement from your previous divorce, every situation is different and each Agreement is crafted to meet your specific legal needs at the time.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

I feel your pain. My ex did the same thing. The house was never forclosed on, but before he got the mortgage out of my name he dropped my credit rating over two hunderd points. My advise, do whatever you have to do to sell it NOW! The mortgage company won’t care. Are you still in the house? Is your name on any other bills? (lights phone internet etc) turn it off if you don’t live there. Good Luck, you’re going to need it.


#3

Good Luck–you really need to sell or get it in his name. I was in the same situation–my name on the loan, both names on the deed. Separation agreement/divorce decree stated he would either refinance in his name within X number of weeks or put up for sale–he did neither, but also stopped paying the mortgage. They forclosed–and it’s MY credit that took the hit.

venus


#4

I am the only one on the loan, but he’s on the deed. He refuses to put the house up for sale but refuses to leave. Our bills have been behind from day one due to his lack of work ethics and responsibility to anyone but himself. I’ve had enough and am beyond the point of no return! We do not have any children together, only personal property. I have a copy of my separation agreement and property settlement from my last divorce, so I feel like I could follow those guidelines. I guess my question is…Is there someway to keep the house from going bad in my name if I quit claim the deed over to him and he doesn’t pay? What if his credit will not allow him to refinance the house? Could I call the mortgage company to let them know what is going on to see if they can do something?

The last house we owned together went into foreclosure and that loan was in my name only also. He has a pattern of ‘goofing off’ and not taking responsibility. His car was just repossessed and we only have the one car, which is in my name and I’m paying for.

Enough is ENOUGH