Who is responsible for the mortgage payment?

Question Details:

Mother and one son on note; another son on deed. Second son refuses now to make mortgage payment. Can the mother and first son repossess the home?

Asked 11/10/2009 under Real Estate | 161 View(s) | More Legal Topics

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Real Estate Law Answers

I am a lawyer in CT and practice in this area of the law.   I am not sure if you asked your question right.  based on your question, the mother and the son are on the note and are responsible for paying the mortgage. the other son that is on the deed is not liable to pay the mortgage. if the mortgage is not getting paid by one son, the mother, who is also on the note may pay the mortgage.  the mother and the son are both equally liable to pay the mortgage.  therefore, if the son fails to pay the mother must pay to avoid the bank taking over the home. 

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