Can a mortgage holder,sell my house if they are not on the deed . If they quit claimed deed to daughter?

UPDATED: Oct 1, 2022

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Can a mortgage holder,sell my house if they are not on the deed . If they quit claimed deed to daughter?

9 year ago, my mother and step father agreed to mortgage a home for me. I have made every mortgage payment and never missed or been late, from my checking account. My mother and step father quit claimed deeded me on the house, as well as my step father signed off and relinquished his name off the property but is still listed on the mortgage. He did this so his children couldn’t come after my house. Presently, my mother and father are divorcing. He and his children now are claiming they are going to take my house and sell it. However, before the divorce was started I quit claimed my 17 year old daughter on the house, leaving just my name and daughters on the deed. There is still a mortgage owed but I can prove I have been financially responsible for the payments for 9 years. Does the stepfather have any claim to the property? And can he refinace, or do anything wuith the mortgage on his own? doesnt he need my mothers approval as well since she is also the mortgage holder? Do I need to worry about losing my house since my mother does not want me to lose it?

Asked on February 19, 2018 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A mortgage does NOT give the mortgage holder (the mortgagee) any rights to the home unless and until the homeowner defaults on the mortgage (fails to pay) and the mortgagee then forecloses, thereby taking title. But without foreclosure, which can only happen in the event of foreclsoure, the mortgagee cannot occupy, sell, take, use, etc. the property--he is just a lender, not an owner.

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 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.

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