what to do if you are on the deed and not on the loan of the house?

Asked by Losscause, 32137 Thu Feb 23, 2012

Should I take my name off the deed since the property is in forcloser and the it taking forever for it to settle, they keep sending me a water bill but the water isnt even on, they said they are billing me for drain off water and said it is part of the taxes, and they keep billing me 50.00 dollars a month and its been going on for over 3 years and I am tired!

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Alphaomegago…, Home Buyer, Palm Coast, FL
Wed Oct 4, 2017
If my name is on deed and not on statement doing included on modification
0 votes
Marcia Kelly, Agent, Topeka, KS
Sun Oct 27, 2013
First thing to do, go to a title company & ask them this question. They're very good about situations such as these. Marcia Kelly, Keller Williams, Topeka, KS Area, (785) 249-3989, marcia@marciakelly.com
0 votes
The action of last resort is to go to an attorney. Why pay 5x the fee, when a title company can help you at. very little cost? (Title cos. may be called escrow companies in some states).
Flag Sun Oct 27, 2013
george2468, Both Buyer And Seller, California Glory, Brentwood, CA
Sun Oct 27, 2013
Hi Losscause

I can't understand what you say. I have a reverse mortgage . Its name is reverse mortgage lenders direct. They are very helpful. You can get any question by search

0 votes
Chrisnjess20…, Home Buyer, Oxford, PA
Tue Oct 8, 2013
Ok...my x wife is on the morgtage only.. not me..but i am on the deed..I need to know if my x wife is not willing to go with me to sign me off the deed to a house will it stop or hurt me from trying to buy a house if im still on the deed of the old house ?? I live in DE..
0 votes
, ,
Thu Feb 23, 2012
I don’t see any advantage to a quit claim if you are a party to the foreclosure other than making you feel better. It doesn’t automatically remove you from the litigation process, and that may already be in your credit file as a foreclosure. If you are trying to position yourself for buying another home this move doesn’t change anything. The declarations question on the loan application is stated “Have you had a property foreclosed upon or given title or deed in lieu thereof in the last 7 years?”

Section IX that follows that question is the one that defines the level of honesty that is required when applying for a mortgage.

Why is it taking so long to finish the foreclosure? Sounds like someone is fighting the process, if that is the case they may not help you get off title either.

If your question is about utilities then a deed has nothing to do with that, that is an ongoing obligation between you and the utility company, not a title issue. Conveying title does not stop that obligation. Hope this helps, good luck,
0 votes
Tim Moore, Agent, Kitty Hawk, NC
Thu Feb 23, 2012
Silvia is correct on this, I am not sure why the others below are so mystified by you not being on the mortgage but it's good you are not if the house is going to foreclosure. The name on the mortgage will take the credit hit, not you. You will get bills for utilities if your name is on the bill and often towns have a min per month charge like that $50. To make it stop you would need to disconnect from the house if possible.
0 votes
Silvia Oliva, Agent, Ormond Beach, FL
Thu Feb 23, 2012
C’mon people, many, many times people are on the Deed but not on the loan!
I’m a Loan Originator and a Realtor, we put on the loan the best prospect, if the other buyer would not help the loan we would not include it on the loan but the person would be on the Deed.
If the property is in distress the bank holding the mortgage would not talk to you unless the one on the loan authorizes you in writing.
If you doing a short sale it will not show on your credit report, it will on the person on the loan. His or her credit will be affected depending on the hardship maybe for 24 months. Yes, the City of Palm Coast will charge you $50.00 dollars monthly that needs to be paid at closing by the bank(it's not a tax).
I do specialize in short sales, if you have more questions please feel free to get in touch with me.
Silvia Oliva
Realtor/Loan Originator
0 votes
ok, my mothers name is on the loan note, i have a quick claim deed . wells fargo is foreclosing and tells me i have no legal grounds to do anythig we live here she does not so there modifications she gets denyed for. we are trying to buy this house under my ex husbands name only to get it away from wells fargo. what can we do to make wells fargo not be able to foreclose with a sale date in a month?
Flag Wed Dec 10, 2014
Jim Starwalt, Agent, Grayslake, IL
Thu Feb 23, 2012
Why are you on the deed but not the loan? The home is being foreclosed to pay the loan, was there a divorce? Defiantly talk to an attorney, I don't know if you can just send a quit claim deed to the bank or to whoever is on loan and release yourself from this house. A short sale or Any other agreement with the lien holder would have to be with the person who is on the loan and the lender.
I am curious about this one!
0 votes
WHAT IF YOU WERE NEVER ON THE LOAN WHICH I WAS NOT, BUT IM ON THE DEED. if they foreclose am I obligated for anything. also how do i get my name off the deed after they foreclose?
Flag Fri Jul 10, 2015
Julie Whiteh…, Agent, Palm Coast, FL
Thu Feb 23, 2012
Why don't you short sale the home. A foreclosure will always be on your record, a short sale will be gone after about 7 years. Call me if you would like to discuss this option. Julie 386-503-1896
0 votes
Keith & Kins…, Agent, Verona, WI
Thu Feb 23, 2012
I don't know that you can just take your name off a property without having someone to transfer it to. Although even if you do, I'm not sure it will mater, they will still likely go after you for unpaid water, taxes, etc until the foreclosing bank takes ownership. Have you talked to your bank about the situation? If the bank would accept a deed in lieu of foreclosure, it might speed up the process. So, just talk to your bank, tell them obviously you are not going to attempt to keep the house, and they will have to take it back at some point. So, help them speed the process along.
0 votes
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