My name is in the title and owner of 50 but not co signer of the mortgage,Can bank foreclose it ? What are my rights?

Get Legal Help Today

 Secured with SHA-256 Encryption

My name is in the title and owner of 50 but not co signer of the mortgage,Can bank foreclose it ? What are my rights?

Bank is going to foreclose our house but in the court they didnt mentioned my
name as a co owner, can they still foreclose ?

Asked on January 16, 2017 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There are several different ways that someone can be co- or part-owner of real estate (e.g. as joint tenants with right of survivorship; tenancy by the entirety; co-tenants), and the exact way you own the property will affect your rights. Therefore, the following answer is a oversimplification and a general answer, but for a definitive answer addressing the specifics of your situation, you have to review your ownership and the mortgage in detail with a real estate attorney.
The above caution about getting individuated advice acknowledged, no--generally, when there are two owners but only one mortgages the property, the lender cannot foreclose. That's because the owner who mortgaged cannot mortgage more than he or she owns; that means that he or she cannot cause you to lose your interest in the property, since he or she does not own or control your interest. He or she can only mortgage his or her interest, which is not enough to let the property be seized from you, too.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption