If the mortgage is only in my name but the deed is in mine and my ex-husband’s name, do I need to remove his name before foreclosure begins?

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If the mortgage is only in my name but the deed is in mine and my ex-husband’s name, do I need to remove his name before foreclosure begins?

Asked on December 6, 2011 under Real Estate Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You do not need to remove your former husband's name from the deed to the property that you are presumably occupying with respect to the foreclosure proceeding that you have written about.

Although you are the sole person obligated on the mortgage that is supposedly secured by your home that your former husband's name is on, I suggest that his name be kept on title for the current time period. The reason is that possibly your loan came after his name was on title to the property and if so, his ownership may be senior to the secured loan on the property. If so, the foreclosure would not impact his ownership in the property.

If his ownership is not senior, then the foreclosure would not harm him since he is not on the loan. I would contact your former husband about the situation and see what he wants to do. I suggest that he consult with a real estate attorney about the question your have written about.


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