Legal Question in Real Estate Law in Georgia

My mother's name appears on the home security deed with my dad. My dad passed away last October. We looked in his mortgage files and can only see the loan papers listing his name as the only borrower--it does not appear that my mother is responsible for the mortgage loan. The mortgage company actually sent papers to my mother for her to sign in order to assume the mortgage loan--she didn't sign. The house is being foreclosed upon the first Tuesday in September.

Wouldn't my mother's name need to listed on the paperwork as a co-borrower if she was responsible for the loan? Also, since her name is on the security deed, will her credit be affected by the foreclosure?

Thanks.


Asked on 8/10/09, 2:10 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

No - she does not have to be a borrower. People put up their property as collateral for someone else's loan all the time. By choosing to not agree to repay the debt, she likely guaranteed a foreclosure as the lender won't be paid otherwise (unless there are funds in your father's estate to pay them off).

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Answered on 8/15/09, 2:19 pm


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