Legal Question in Family Law in Kentucky
Mortgage Question
My mother-in-law and husband have been in court due to his daughter wanting to live with her, but they lost. She and I had an argument over the phone today. She states that she knows for a fact that his name isn't on the mortgage to my house. She does a friend that is a realator and that will run credit checks if they ask her to do so. What type of information would she have to have had to find out who's name is on my mortgage because they don't know the address to this house as we do not live at that location and we have never given her that address for any reason
2 Answers from Attorneys
Re: Mortgage Question
Deeds and mortgages are generally recorded in the office of the county clerk of the county where the real estate is located. These documents are public records, and may be viewed and copied by the general public. Similarly, property tax information (who pays the tax, whether the tax is paid on time, etc.) is also open to the public.
The county clerk's office has a record called the "grantor's index," which is an alphabetical listing of the names of all persons who have ever sold real estate in that county, as well as the names and addresses of all persons who have signed mortgages in that county. This is all public information, and is often available by on-line computer searches.
Re: Mortgage Question
They only need to know the County and your name to pull mortgage records. The more important question is "why does it matter if your husband's name is on the mortgage to your house?" I cannot fathom any reason that would be an important issue. If you and he are married, he has some degree of marital interest in your house even if he is not on the deed.
The next more important question is "why are you talking to your mother-in-law after all the hubaloo?" but that is a question for a different kind of website.
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