Legal Question in Real Estate Law in Texas

My name will be on the loan only, but my boyfriend will be on the deed

I have great credit and my boyfriend does not. We are about to close on a home together. They could not put the loan in both of our names unless he paid off his collections. They stated that his name will be on the deed though. What action can I take legaly to make sure that he will be responsible for the mortgage as well if something happends to us until we can make other arrangments? Is there an affidavit that can be signed?


Asked on 7/19/07, 11:45 pm

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: My name will be on the loan only, but my boyfriend will be on the deed

The only way to legally make him responsible for the mortgage is to get the loan company to allow him to participate in the loan. They will not. You could get a deed of trust to secure performance for which you are the beneficiary, but with his past credit history, it doesn't look like a good bet. People don't change. Think about it.....

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Answered on 7/20/07, 9:07 am
Bruce Turner Bennett, Weston, & LaJone, P.C.

Re: My name will be on the loan only, but my boyfriend will be on the deed

Signing does not guarantee that he pays and become responsible. If you need assistance come see me or call.

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Answered on 7/27/07, 3:17 pm


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