Quick Answer: Who Is The Legal Owner Of A Property That Is Subject To A Mortgage?

What is the difference between a title and a deed for a house?

A deed is evidence of a specific event of transferring the title of the property from one person to another.

A title is the legal right to use and modify the property how you see fit, or transfer interest or any portion that you own to others via a deed.

A deed represents the right of the owner to claim the property..

What happens if my husband died and I am not on the mortgage?

When an Estate Must Pay If there is no co-owner on your mortgage, the assets in your estate can be used to pay the outstanding amount of your mortgage. If there are not enough assets in your estate to cover the remaining balance, your surviving spouse may take over mortgage payments.

Are you responsible for a mortgage if you are on the deed?

A person’s name can be on the deed but not the mortgage. In such circumstances, the person is an owner of the property but is not financially liable for mortgage payments.

Can my name be taken off a deed without my permission?

It is a misconception that someone can be “removed” from the deed. Nor can a co-owner simply take away another party’s interest in a property by executing a new deed without that other party. In short, no one can be passively removed from a title.

What does the deed mean sexually?

verb. to have sex. Last edited on Sep 02 2009.

What happens if you can’t find the deeds to your house?

The title number can be used to obtain copies of the evidence of legal title and other documents from the Land Registry (for a small fee). … So, if the property is registered at the Land Registry it does not matter if you cannot find any paper deeds or documents.

A mortgage is a transfer of the legal estate in land for the purpose of securing a debt. Once mortgaged, the mortgagee becomes the legal owner of the land and the mortgagor holds the equity of redemption. See Part 7 Conveyancing Act 1900.

Can a mortgage be taken out on property without the consent of one of the owners?

If you share property ownership with someone else — spouse, business partner, relative — it’s unlikely he can take out a mortgage or a home equity loan without your consent. It’s not, however, completely impossible.

What is subject to the mortgage?

A purchase arrangement whereby the buyer of a parcel of real property agrees that a mortgage against the property to be purchased shall be permitted to remain a lien upon sale. Unlike a loan assumption, the subject-to buyer does not become personally liable on the underlying debt.

What does it mean to be on the deed but not the mortgage?

This means that you still own your share of the home. Most mortgage companies will not grant a mortgage to only one spouse if the deed is already in both names. … The lender would only have the interest of the person who signed the mortgage (your spouse).

Does a deed mean you own the house?

A property deed is a legal document that transfers the ownership of real estate from a seller to a buyer. For a deed to be legal it must state the name of the buyer and the seller, describe the property that is being transferred, and include the signature of the party that is transferring the property.

Can someone steal your home title?

Home title fraud occurs when someone obtains the title of your property—usually by stealing your identity—to change ownership on your property title from your name to theirs. The fraudster can then secure as many loans as possible using your equity as collateral.