Legal Question in Real Estate Law in New York

Getting a mortgage when not named on the deed

I live with my mother in a home that she owns and her name is the only name on the deed. We want to get a mortgage to do some renovations on the house - an equity loan will not be sufficient as the amount required for the renovations cannot be obtained based on her income only - but we want the mortgage to be in either just my name or both of our names since I will be making the payments each month. Can I be on the mortgage when my name is not on the deed?


Asked on 5/09/07, 10:12 am

1 Answer from Attorneys
Graig Zappia Tully Rinckey PLLC

Re: Getting a mortgage when not named on the deed

The deed and the mortgage must be consistent. Therefore, if you want to be on the mortgage, you must also be on the deed. However, your question really involves the note (or the loan) on the property, not the mortgage. You can conceivably be on the loan documents and not be on the mortgage or the deed. Most homeowners are on the note, the mortgage, and the deed, but it is not a requirement to be on all three with most banks.

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Answered on 5/09/07, 11:17 am


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