Legal Question in Real Estate Law in Pennsylvania

Deed vs Mortgage

What rights does having a name on a deed grant an individual vs. having a name on a mortgage for a property? If I have my name on a deed and not on a mortgage am I entitled to any profit from the sale of a property?


Asked on 3/09/07, 8:56 am

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

Re: Deed vs Mortgage

A name on the deed assuming it was properly recorded makes you an owner. For the property to transfer based on a sale the will have to give you some incentive to sign the new deed to the buyer.

Your name not being on the mortgage doesn't mean much. Hopefully current owner's, name is on the mortgage.

What might be at issue is whether the other co-owner could have mortgaged the property with out your consent if you were a co-owner at the time the mortgage was put in place. Though because you knew about the mortgage when your name was placed on the deed you took ownership subject to th3e mortgage whether your name is on it or not.

If you have any questions please feel free to contact me, the initial consultation is free.

{John}

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Answered on 3/09/07, 9:08 am


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