Legal Question in Real Estate Law in Massachusetts

Re: Mortgage

If the Mortgage was placed on the property prior to your being the sole owner or was placed on your home with your signature then it is your obligation to pay.

It is likely the note is in your husband's name alone but the Mortgage is signed by you and your husband.

I strongly suggest you see an attorney as soon as possible.

Please feel free to contact me without obligation.

Re: Mortgage

It would be unusual for a bank to obtain a mortgage on property for which the borrower was not "owner of record." Generally, it is a requirement of obtaining a loan that the lender is given "title insurance" at the borrower's expense, guaranteeing the lender that the borrower has good title in the property.

If title was transferred to a new owner after the mortgage was placed on the property, it remains a lien against the property, and can be enforced in accordance with the law. It would be wise to consult with an attorney to learn what your options are, and to eliminate any uncertainty. It could be a brief and simple verification of your statement, or the attorney could assist you in dealing with the lender if there is a valid mortgage against your property.