I have a warranty deed putting my name on the deed. My husbands mortgage does not have my name on it, it was from his and his first wife who passed

Asked by Jeanette Walters, Philadelphia, PA Sat Jan 7, 2012

away, It was my understanding that warranty deed has been throughly checked and valid, but now I here that it is illegal to have a name put on a deed with and existing mortgage on the property. Is that true?

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John Leonard, Agent, West Chester, PA
Sun Jan 8, 2012
Listen to and act on ana barlows advice, it is good. Call her or call me if you dont understand why this is about the legal or marital advice,not real estate advice.

Names on the deed are who OWNS the HOUSE

Names on the deed are who is legally responsible for PAYING the DEBT.

These are not the same thing

John leonard
Long & foster real estate
1 vote
Erica Ramus,…, Agent, Pottsville, PA
Sun Jan 8, 2012
We frequently see properties where one party is on the mortgage but two or more names are on the deed. However, some mortgages do not allow this to happen. It'll be in the paperwork your husband signed when he signed for the mortgage. I would gather those papers together and take them to a real estate attorney for his advice.
1 vote
Bob Movin-On, , Hartford, CT
Sun Jan 8, 2012
It is legal, but! the mortgage could have a clause that does not allow this and therefore they could call the note for breach of contract, but usually they do not unless the mortgage is in default, In the case of a future default the mortgage was recorded first and if they were to foreclosure you would have no rights to the property.

Hope that helps,
Bob Patrick
Buy a home after foreclosure, short sale, deed-in-lieu-of or bankruptcy expert
Movin-On LLC
Helping families/people that have or will loss their homes get back into another in as little as 6 months
1 vote
Ana Barlow, Agent, Philadadelphia, PA
Sat Jan 7, 2012

You need a real estate attorney to look at every piece of paperwork attached to this property and determine what steps should be taken to get to the result that you desire.

I did not go into this in my last answer to your last question, but it is always a concern when one of two parties that are legally attached to a property is less than fiscally responsible. It may or may not be in your best interest to take on more financial and legal responsibility in this situation even though it may appear the obvious solution to you.

The answers you are seeking can only be provided to you by an attorney. A real estate professional is not legally allowed to provide you the definitive answers you need. All the answers here are opinions, you are making a huge financial decision and this public forum cannot provide you with the specific data you should have. Please find a reputable real estate attorney and protect yourself. If you need a recommendation please email me privately and I will send you three Philadelphia area possibilities.

Ana Barlow
Coldwell Banker Preferred
1 vote
Alain Picard, Agent, Puyallup, WA
Sat Jan 7, 2012
I haven't heard that it is illegal but I have heard that it could cause the loan to have to be paid in full. I'm not sure about this so I can only tell you what I've heard from different people. I know people who have added someone to their deed with a quit claim deed while having a mortgage in only one or their names and nothing has happened to them but only an attorney could answer this for sure.
1 vote
sgahring, Home Buyer, Philadelphia, PA
Wed Jan 23, 2013
I have a private lender for my mortgage. I bought my homme from my step dad and his wife. He put the warranty deed in mine and my husbands name at the time of purchase in 2007. I have a promsory note and a mortgage filed with the court as welll as the warranty deed. My step dad has passed away and his wife is now claiming that she wants to take out a loan on my home. She can't do that without being on the deed or title right? Then yesterday, I got a call from my home ins. agent stating that a suspicious man called the office inquiring about my home ins and wanted to inow if she wa on the policy, he said he was wanting to purchaswe my mortgage from her. Cans she sell the mortgage and if so, with the terms (interest rate, and payment and length of long remain in effect)?
0 votes
Roland Vinya…, Agent, Sprakers, NY
Sun Jan 8, 2012
I doubt very much that it is illegal. Banks may not like it, which is another matter. So, on the surface of things, it would appear to me that this can be done. HOWEVER, there may be more to this than we see here and I would seek advice from someone familiar with local laws who has read all the documents and has discussed this with the two of you.
0 votes
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