Home Buying in Phoenix>Question Details

mcummings29, Home Owner in Gilbert, AZ

ARIZONA: Wife owns home 2nd mortg. previous to marriage...house goes into fore. Is husband liable for 2nd mort, ? Not on debt or title ?

Asked by mcummings29, Gilbert, AZ Wed Jan 16, 2013

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Answers

6
Legal advice is best answered by an attorney, not real estate agents who are not allowed to give legal advice. I haven't seen too many attorneys on this site if ever. All the best!!
0 votes Thank Flag Link Thu Jan 17, 2013
You should speak with an attorney on this!
0 votes Thank Flag Link Thu Jan 17, 2013
Thank you Rachel.....sure !
0 votes Thank Flag Link Wed Jan 16, 2013
I agree with everyone else so far. You need to speak to a Real Estate Attorney. I can provide the name and number for one. Just let me know and I will send it over.
0 votes Thank Flag Link Wed Jan 16, 2013
I believe the only party liable for the mortgage is the person(s) named on the mortgage document. However, Arizona is a community property state so there may be some complications if the lender wanted to sue for deficiency on a non-purchase money 2nd mortgage. You are best advised to seek the advice of an attorney who can answer your specific question as it pertains to your specific circumstance.
0 votes Thank Flag Link Wed Jan 16, 2013
Great question that would be best answered by an attorney that understands Arizona real estate and mortgage. The attorney may want to see the documents to get a complete understanding of your situation.

I would be glad to provide you with a couple of names if it would help you out.
0 votes Thank Flag Link Wed Jan 16, 2013
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