Deed and refinance
I am on the deed to the house, this was done prior to our marriage. My husband refinanced after we were married without my knowledge, I was never on the mortgage and still not on mortgage My husband recently passed away. I was told that be I was on the deed and not on the refinanced mortgage. I live on disability and could not afford to pay the $2400. mortgage payment the house is not heading into foreclosure. I was told that being he did not have me sign the refinance papers that the mortgage company has to buy my half out. I do not believe this. Is this true? by angellfce from Bay Shore, New York. Jan 9th 2012
Bert Carpenter (BertCarpenter)
#37 ranked lender in Arizona - 2,431 contributions
First of all, I am sorry for your loss. There are some very important issues here. If you were on title to the property, and a new loan was granted without your approval, you may have some rights that were violated. Yes it is possible that the bank made a mistake and is now obligated to you. The best advice I can give you is to find a local real estate attorney. Take as much information and documentation as you can. You will need to do this fairly quickly to avoid losing your right in the foreclosure. Good luck to you. ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586.
William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions
Your question is very confusing... If your on the deed, but not responsible to pay the mortgage, then you do own the home. However, if the payments are not made, the lender will foreclose. The lender has ZERO obligation to "Buy you Out". If the lender forecloses, the home will be sold and the proceeds from the sale will go to pay the balance. If there is any overage, it will be mailed to you C/O of your husband. Best advice I can give you is to contact a local attorney specializing in Real Estate... don't leave something this important to an internet post. WilliamAcres.com
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