What if my name is not on the morgage but is on the deed, and I want to keep my home and pervent for closer and my mate is not paying the morgage.?

Asked by Charles Pickens, Claymont, DE Mon Sep 20, 2010

We are going though a divoice and my wife moved out of the home. I purchase the home with my credit and later refinance the home because she purchase a car and lost her job several weeks later, in addition she never had credit and to this day her credit is bad. she has not paid anything towards the mortgage in over 4 months. I sent the mortgage company a certified letter explaning my position along with the mortgage payment. They have not respond to the letter and I am now planing to put the mortgage in an esgrow account and let the house go into for closer.

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Caroline Choi, Agent, Los Angeles, CA
Mon Sep 20, 2010
BEST ANSWER
Hi Charlespickens1, have you tried calling the mortgage company to talk to them, and ask if they have received your letter and payment? It sounds like it may be a little late in the game, but if you have some sort of contact information, you should definitely call to make sure they have received it. I'm assuming the mortgage payment hasn't been cashed/accepted?

Another option you may want to pursue is to hire an attorney to work on your behalf. Banks are likely to respond to an attorney who you've allowed to contact the bank on your behalf. Best of luck.

Caroline Choi
Broker Associate/Realtor
http://www.CarolineSellsTheCity.com
0 votes
Steve Quinta…, Agent, Albuquerque, NM
Fri Oct 29, 2010
You need a lawyer to analyze your situation. Every fact must be determined and a lawyer can do it. If you think a lawyer is too expensive, join Prepaid Legal Services for $28.00 per months for the period you need legal help. Contact me to discuss.
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Tony Yollin, Agent, Venice, CA
Fri Oct 29, 2010
Be careful. The lender has the right to call the loan due in full should the name on the deed not be the name on the note. The person whose name is on the loan is the only person that the bank will speak to. You can get a third party authorization to speak to the lender on the borrowers behalf but they will not talk to you. You may be on the deed but you are not on the loan! Proceed with the utmost care!
0 votes
Jacqueline R…, Agent, Bear, DE
Fri Oct 29, 2010
If you name is not on the mortgage, the mortgage company can not speak with you unless she gives them permission.

Rather than letting the house go into foreclosure and ruin credit for a number of years, it's best to do a short sale as long as all parties are willing to cooperate.
0 votes
Anna M Brocco, Agent, Williston Park, NY
Mon Sep 20, 2010
Consider a consultation with your attorney--he/she will be your best source of advise as it relates to your specific situation.
0 votes
Tony Yollin, Agent, Venice, CA
Mon Sep 20, 2010
You should consult an attorney. Your question is unclear and I suggest rephrasing it and re-posting. In California a lender can call the loan due if the name on the property deed differs from the name on the borrowers note. It is not clear to me if you mean that your wife's name is on the mortgage or not since you say she doesn't have a job or make payments. Putting your mortgage in an escrow account might satisfy something between you and your wife but does nothing to satisfy the lenders requirement to be paid monthly. The best way to avoid foreclosure is to pay the mortgage!
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