Legal Question in Real Estate Law in Georgia
Name on Security Deed but NOT mortgage
Will a quitclaim deed remove my name? If not, what will happen if the property undergoes foreclosure?
If the foreclosure will affect me because my name is on the security deed, what would I need to do? I'm going through a divorce and my husband wants to keep the house that only has his name on the mortgage loan...even though he knowingly cannot afford to keep it. Please help?!
Thank you!
2 Answers from Attorneys
Re: Name on Security Deed but NOT mortgage
You're mixing apples and oragnes. The Security Deed (or Deed to Secure Debt) is what most people call a mortgage. Consult with a local attorney.
Re: Name on Security Deed but NOT mortgage
It is far from clear on what you want to accomplish, and you provide no facts to allow anyone to give you answers. Generally, if there is a foreclosure, the property identified in the security deed is gone. The people liable for the loan are the people who signed the loan documents. "Remove my name from deed" is generally not a valid act, regardless of what you want to accomplish (which, again, is not clear).
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