Sharon, Home Buyer in 29526

MY husband sign the note for a mortgage I did not, then he has to pay for the loan, right?

Asked by Sharon, 29526 Thu Nov 14, 2013

Help the community by answering this question:


Need more information than you are providing

is this for a property you share --- and are you on title

Is this for a property he owned before you got married, and he kept it in his name, didn't add you

Is this for a property he bought separately from your joint assets, and did you sign a quit claim deed

Is this property delinquent

Is he going to sell that property as a short sale, and you want to know if you can buy another property in your name

What are you trying to achieve?

Best that you consult a real estate attorney to find out the best legal recourse for you
0 votes Thank Flag Link Thu Nov 14, 2013
Hi Sharon,

I agree with Linda's suggestion; however, an attorney will need the same key documents to understand the situation.

For example, the Promissory Note, Deed of Trust and all notarized documents.

0 votes Thank Flag Link Thu Nov 14, 2013
Hi Sharon,
This is a situation where you should contact a real estate attorney. There are certain times when it is worth paying for legal advice. You want to be certain that you are not liable for this loan and an attorney will be able to read all pertinent documents, and give you the best course of action. There may be some responsibility if you are in a community property state or if the property is in a trust. Better safe than sorry.

Good luck,
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0 votes Thank Flag Link Thu Nov 14, 2013
Hi Sharon,

This may be as simple as your initial question (your husband is on the hook for the loan); however, this depends on if your singed any documents at escrow, and if so, what those documents were and how Title is held.

Also, if your husband passes during the course of the loan a Trust, or lack thereof, might influence one's actions whether to keep paying the mortgage on the property.

Your husband received an escrow package. This will contain copies of what was signed. I would start there. You may be able to speak with the escrow officer as well.

0 votes Thank Flag Link Thu Nov 14, 2013
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