If someone is on the deed of a house, but not on the mortgage are there any repercussions if the house forecloses for that person?

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If someone is on the deed of a house, but not on the mortgage are there any repercussions if the house forecloses for that person?

wouldn’t it at least be on public record that they were on title for home that foreclosed, so it would impede any future purchases?

Asked on June 23, 2009 under Real Estate Law, Nevada

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT and practice in this area.  If you are on the deed, but not the mortgage, it means that your credit will not be effected if you fail to pay the mortgage.  However, you can still lose the house if the person on the mortgage fails to pay.  The person on the mortgage, but not the deed, may have an issue with respect to whether or not they own the real estate depending on their relationship to the person on the deed.  the fact that one person is on the mortgage but not on the deed does not effect future purchase.  the person on the deed is the one that will be the person to transfer the title.


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