Legal Question in Real Estate Law in Pennsylvania

deed and mortgage title

my ex holds the morgage to our home, but we are both on the deed. i have possession of the home and have made every payment since bought. can i be forced from the home or be made to sell it


Asked on 3/16/09, 12:17 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: deed and mortgage title

When you say "my ex holds the morgage", do you mean that his name is on the mortgage to a bank or other lender, or that you signed a mortgage for a loan your ex made to you?

If both of you are on the deed, and the mortgage is to a bank or other lender and only your husband's name is on the mortgage, the holder of the mortgage will have a problem enforcing it. All owners as shown on the deed should be required to sign a mortgage, otherwise the mortgage holder does not get an enforceable lien on the property.

Check with a local real estate lawyer so that you'll know what your rights and options are.

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Answered on 3/16/09, 10:47 am


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