My name is on the title but not the mortgage, a debt collection company contacted me saying I am on the mortgage and responsible for the debt. ?

Asked by Cutesmartnerd, Wayland, MI Mon Nov 7, 2011

My name is on the title of a home purchased by my husband during our marriage. We lived in the home together for 4 years. My credit history was not used in obtaining the mortgage loan. I no longer live in the home. I was just contacted by a debt collection firm telling me my name is on the original mortgage and I am responsible for the debt and the home is going into foreclosure. I am separated from my husband for the last 2 years and am in the process of obtaining a divorce. I do not understand how I could be responsible for the loan when my name was never on it. There were even instances in the past when I attempted to speak with the bank holding the note and they would not speak with me because my name was not on the loan.

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Fran Grubb, Home Buyer, Easley, SC
Fri Jul 18, 2014
There are many unscrupulous bankers out there now. Don't sign anything without talking to an attorney! You HAVE to sign the mortgage to be responsible for the debt. I went through this and these debt collectors will say anything! Talk to an attorney. Many attorneys will talk to you free the first time to see if you have a case.
0 votes
Luis S. Munoz, Both Buyer And Seller, Indialantic, FL
Sun Nov 13, 2011
Not only you are excempt from resposibility in that loan, I bet that the whole process of the loan is viciated. Send me a short synopsis of your case and I will tell you how to have the bank or thecollection agency running away from you like the plague. Moreover you have a right to sue the bank over the terms of the original loan. Contact me and I'll show you how to fight this. If I take your case my services are guaranteed to start working in 24 hours. And if you want to really go after the bank, I can help you with all the papaerwork required.
Luis S
321-549-1052 Email
0 votes
Alan May, Agent, Evanston, IL
Sun Nov 13, 2011
It sounds as though the collection agency is using "scare tactics" and hopes that you'll just believe them (that you're on the mortgage) and pay-up.

Of course there's always the possibility that your soon-to-be-ex-husband DID put you on the mortgage... so I would do as Maureen suggests... ask them to produce the copy of the note that shows your signature on the mortgage.
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Maureen Fran…, Agent, Birmingham, MI
Sun Nov 13, 2011
I would ask them to send you a copy of the note they think you signed. That might help them to stop chasing you down for your husband's debts.
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Lang Premier…, Agent, Clawson, MI
Mon Nov 7, 2011
In my professional opinion, I don't believe that the debt collection agency can hold you responsible.
If you never signed a note (a promise to pay) or a mortgage, it's not your responsibility...

To ensure you receive the best answer for your state, since every state is different, I would speak to a real estate attorney in your area.

Hope this helps.

Ben Lang
0 votes
Pam Jank, Agent, Coeur d Alene, ID
Mon Nov 7, 2011
Cutesmartnerd, unfortunately, they will tell you anything to try to get money out of you. They are a collection agency. They don't have to tell the truth. In my humble opinion, if your name is not on their loan they can not make you accountable for that debt. If there are Mechanics Liens, or HELOC's, Second Mortgages that took effect after you took title, you may be equally liable for those.

However, you are now aware the asset (Home) your are Titled to is in default. In order for him to Sell, "short sale" or "Deed in Lieu of Foreclosure," etc., you will need to sign-off and/or quitclaim the title to the property

As always, it is very important for you to please contact your real estate attorney for true & accurate advice.
0 votes
Tony McMahon, Agent, WHITE PLAINS, MD
Mon Nov 7, 2011
Best to contact a Real Estate attorney in your area for the proper advice.
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