Friday, September 21, 2007

Can bank reposses the house even if name on mortgage is different from the name on a deed?

Can bank reposses the house even if name on mortgage is different from the name on a deed?

I've Transffered a deed to my friend. But mortgage is still on my name. Friend making payments to my loan. What if he stops making payments. Is Bank has a right to reposses a house even if I don't own it?

The Answer : Absolutely. If the mortgage wasn't paid off when you transferred title to your friend, then your friend got title subject to that mortgage, and the lender can absolutely foreclose if it's defaulted on. In fact, most mortgages have a "due on sale" clause to prohibit people from assuming their loans, so your lender could likely call the mortgage due and/or foreclose whether or not your friend makes the payments.

From the perspective of a borrower, it's not such a good idea to do what you did. Your credit can be tarnished by the late payments of your friend, because you're still liable for the mortgage!

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