Legal Question in Real Estate Law in New Jersey
Husband on mortgage my name on deed
My husband owned his house before we married. We refied 1 time with my name listed as borrower, but not on the deed. It was supposed to be put on the deed, but a mistake was made. The house was refied again, but my husband was borrower, I was not and my name got put on the deed. We are pending foreclosure now (which will take 9 mos to a year) and filed for divorce. I just got a letter from an attorneys office addressed to both of us and I asked why I am listed, I am not a borrower. The girl said I must be if my name is listed, but the mortgage company refuses to speak to me and tells me they cant because I am not on the note. She said my name is not on the note to the lender, but I am listed as a borrower, how could this be? How will my name on the deed affect me?
3 Answers from Attorneys
Re: Husband on mortgage my name on deed
As a wife you have the right to 50% of the residence. You need to consult with an attorney as to what your next step should be.
Re: Husband on mortgage my name on deed
It is important that you discuss this with your divorce attorney. Be sure to bring a copy of the current deed.
See also: http://info.corbettlaw.net/lawguru.htm
Re: Husband on mortgage my name on deed
By reading this response you understand that I do not represent you and, that unless you enter a formal retainer agreement with me, I do not represent you nor does it establish an attorney-client relationship between you and me. This answer is given to you for informational purposes only and you are advised to formally retain counsel rather than rely solely upon the information provided in this communication.You are listed on the foreclosure paperwork because you are the spouse of the person who owns the property which is your principal marital residence and/or because you are on the deed to the property. If your husband refinanced as the sole borrower, you would be required to sign the mortgage because whether you were are on the deed or not you have an interest in the property. You would not be required to sign the Note (the promise to pay). You would be named in the foreclosure whether you were on the deed or not because you have an interest in the property (either by owning part of it or because you have a marital right to possession of the property.) Therefore, at the very least you are part of the foreclosure so that you are given notice of it and so that any interest you may have in the property may be wiped out unless you pay the amount due to satisfy the mortgage principal and interest, costs, attorneys fees, etc.
The mortgage company is proper in not speaking to you since you are not on the Note.
I hope this all makes sense to you. Either way, you should bring this matter up to your husband. He can send a written authorization to the mortgage company to allow you or your attorney to speak to them about the loan and the foreclosure. Regardless, you or he have to take some form of action to attempt to avoid the foreclosure if at all possible. Your first step in this is to have your husband call them and obtain their assistance. It may take some time, but it is truly worth it to save either of you or both of you from the negative effects of foreclosure and losing your home.
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