Legal Question in Real Estate Law in Virginia
Good morning, if two people name are on a deed but one is on a mortgage settlement because their credit was better than the other person...who is the rightfull owner of the property? does the person with the mortgage settlement owns the property and the other person that's on the deed have no say, does a mortgage settlement have power over a deed of trust? or the deed of trust is more valid to the owners than the mortgage settlement. Please advice thanks.
1 Answer from Attorneys
Each of those persons who are listed on the deed to the subject
property in the situation described are equal co-owners of it. (The name or names on the deed of trust, i.e., the mortgage are irrelevant to the issue of actual ownership.)
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