Old 12-11-2008, 11:53 AM   #1 (permalink)
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Name on Mortgage, Not on Deed

I just have a general question to see if anybody knows please - We live in Kentucky and when we refied our mortgage in 2006 with Beneficial/HSBC, the house and mortgage was in my husband's name only because he bought the house before we were married. Once we refied, they of course put my name on the mortgage, but never changed the deed to add me to it. I asked Beneficial/HSBC several times shouldn't they re-do the deed and add my name to it and was told not to worry about it. I have tried to find the answer elsewhere with no luck.

Is this a big deal? Can anything bad happen if my spouse (God forbid) passes away? Any advice on this at all would be most appreciated!


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Old 12-11-2008, 12:42 PM   #2 (permalink)
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Re: Name on Mortgage, Not on Deed

Sky,
I would think the "laws" differ from stste to state...that may be a question best answered by a real estate attr. familiar with the laws of your state. (concerning death of a spouse-names on deed)
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Old 12-12-2008, 10:27 AM   #3 (permalink)
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Re: Name on Mortgage, Not on Deed

What this effectively means is that you are an obligor on the debt (meaning you owe it) ,but not vested in title to the property. Not being vested isn't an excuse to not paying the debt. It is sort of like co-signing for an adult child's car. You may not be the registered owner, but if your child quits making the payments, and the car is severely damaged and not repaired, the bank is going to give you a call and ask that you honor your commitment relative to being responsible for the debt.

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