Home Selling in 19382>Question Details

Sportsdoc11, Home Seller in 19382

My partner & i (not married) own a home... both names on the deed, only mine on the mortgage. With our break up - who is responsible for the

Asked by Sportsdoc11, 19382 Mon Jan 9, 2012

mortgage?

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You are responsible for the mortgage. Your X's interest in the property remains which is why they would want to ensure timely payments are continued so as to avoid any short sale or foreclosure potential which would obviously impact their ownership interest.
0 votes Thank Flag Link Thu Aug 15, 2013
Be very careful, you have the liability and I bet your mortgage contains a due on sale clause. That clause may be triggered if the title changes without prior approval by your lender. Get something in writing from the lender that clearly states it is okay to transfer title solely to you unless you want to refinance the existing loan.
0 votes Thank Flag Link Wed Mar 21, 2012
This comes up frequently. You are responsible. But she has an interest in the home if you sell it. Meaning she will want money if there is any profit. Or maybe she will just walk away and say, clearly it's not mine. It depends on the arrangements you had prior. Keep the door open, you will need her to sign off on paperwork to get the house Sold or Short Sale . Good Luck with everything. Fair is Fair. Hopefully you can come to a conclusion. I deal with divorces a lot. It's extra work as the 2 parties don't like chatting with each other.I have found Liquor or Wine works well to ease tensions all around.... :-)
0 votes Thank Flag Link Wed Mar 21, 2012
Well obviously you are only on the mortgage so the lender has basically an contractual arrangement only with YOU. So far so good, but then what happens to the home, you stay in it, you sell it, did both of you put money into the down payment ...... A good attorney knowing all the details and circumstances could be of some help to you....especially since you are saying that both of you are on the deed? What happens when you both have to
sign to sell the home? Careful, just be careful and get the advice from a good attorney, better some expenses
ahead of making a mistake.

Good Luck to you!
Edith YourRealtor4Life and Chicago and Northern Illinois / North Shore Expert
Working always in the very BEST interest of her clients, Buyers, Sellers and Investors alike....
Edith Always goes the X-tra Mile with a Smile for her clients!
To get to know Edith a bit better and to find out how a Realtor's experience, market expertise and various services offered can make the home sale or purchase a pleasant experience go to
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0 votes Thank Flag Link Mon Jan 9, 2012
If you are the only one who signed the mortgage then you are the one responsible for the payments. You should seek the advice of an attorney regarding this situation.
0 votes Thank Flag Link Mon Jan 9, 2012
Hello Sportsdoc11,

Typically the person on the mortgage is responsible for the payments however there might be issues that can arise since you are both on the deed.
If you were to sell the home both of you would have to sign all related paperwork which would actually mean that both of you are in the game. If the property were to go to foreclosure both of you would be affected.

Please let me know how I can be of assistance. See more information on my web site.
0 votes Thank Flag Link Mon Jan 9, 2012
Who signed the Note? Both of you are on the Deed which reflects ownership so both are legal owners of the property. The mortgage is the security for the note. I would assume both of you signed the note -which is the promise to pay. with a break out the courts will work out who is to pay the mortgage debt.
good luck!
0 votes Thank Flag Link Mon Jan 9, 2012
Hello Sports doc.

Youy are both on title to the property (deed)
You have both pledged that property as security for a note (mortgage)
Only you have signed on the note (loan).

You are responsible to pay back the loan. If you do not the house will foreclose on both of you as owners of the property that you pledged as collateral.

Regards,
Alan Openshaw
Cornerstone Lending Inc
Southampton Pa 18966
215 953 0800
cell 267 992 7276
VOTED BEST IN BUCKS 2010
NMLS ID 143960
0 votes Thank Flag Link Mon Jan 9, 2012
Hi Sportsdoc11,

Whoever signed the paperwork for the mortgage is responsible for the payment of it.

Shanna Rogers
SR Realty
http://www.RealtyBySR.com
0 votes Thank Flag Link Mon Jan 9, 2012
Hi, Typically the person that is on the mortgage is responsible for it. I would contact the bank that holds your lien and ask them directly.
0 votes Thank Flag Link Mon Jan 9, 2012
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