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My husband is on the NOTE of our mortgage,and WE both are on the DEED OF TRUST.we are trying to do a deed in lieu,if we dont get that then it will go to a foreclosure.My question is since I (the wife) am NOT on the NOTE, can the lender come after me? I am the only one working ,my husband is disable and can not work. i have some LAND that is free and clear.i am worried ,need to know if bank can put a lein on my land? remember i am NOT on the NOTE.Any info would be appreciated,thanks
Anyone that signed the mortgage loan docs at closing is the one responsible for the monthly mortgage payment. If you did not apply and get approved for the mortgage loan nor did you sign the mortgage loan docs, even if you are on the title deed you are not required for any payment of negative action taken by the mortgage lender. The lender will not "Come after you or any other property not listed as collateral on the loan docs signed by your husband. Your land even, if your husbands name is on the title deed to the land, would not be something the lender would attempt to attached. It is not a part of the collateral ont he loan docs signed by your husband. If you are in a community property state such as California and your husband was the only one that applied for and was approved for the mortgage loan you would have to sign a quit claim deed indicating you want or have no interest in the property. This is required by law in these type community property states. Upon closing of the mortgage transaction you may be added to the title deed and most title companies would do this as a courtesy. The other misconception is that lenders would attempt to go after the former homeowner for a deficiency judgment. Even though some states make this legal most lenders do not attempt to obtain deficiency judgments. It is time consuming as well as expensive. If the lender was to obtain this deficiency judgment the former home owner might file for protection under the United States bankruptcy laws. Again time lost and the expense involved would prevent lenders from doing this. I hope this has been of some benefit to you, good luck. "FIGHT ON"
Do you live in a non recourse state? If so, the lender will not pursue you for the shortfall if you do foreclose. That only is on the 1st mortgage though. If you have a 2nd mortgage, that's another ballgame.
DOT is the recorded instrument of record that needs release. Those signatures encumber the property You both are. Walden the US, there is pretty much no lender "going after" anyone once the foreclosure is done.
They can only put a lien on the house itself.
Your husband only.