If my husband is not on the mortgage which is in foreclosure but he is on the deed, does he have any rights which will enable him to keep the house?

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If my husband is not on the mortgage which is in foreclosure but he is on the deed, does he have any rights which will enable him to keep the house?

My loan is in foreclosure. I am working on modify it but with our current financial situation that is not likely to go through. Our court date is next month and both my husband and I are required to attend because both of our names are on the deed. My husband, however, in not on the mortgage since his credit score was low, so the representative just put the loan in my name. If the bak does foreclose on me, what recourse does my husband have to protect his interest? We really want to keep our home and are looking for any precedent that may allow us to do so.

Asked on June 8, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming your husband's legal title to the home that you are writing about was recorded before the loan that is in foreclosure where he is not on the loan to be foreclosed upon, his legal title to the property cannot be foreclosed out as a matter of law.

However, in all circumstances his ownership to the property arose after the mortgage securing the trust deed was recorded. If so, his interest in the home would be wiped out in a foreclosure of the mortgage.

I suggest that you and your husband consult with a real estate attorney about the situation that you are writing about.


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