Can I be held responsible for foreclosure on mortgage if my name is not on the loan?

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Can I be held responsible for foreclosure on mortgage if my name is not on the loan?

My husband and I were married 2 years when he purchased the home. My name is not on the mortgage. We were married for 5 more years. Now we are divorcing. Can the bank come after me for money after foreclosure even though my name is not on the mortgage?

Asked on November 4, 2010 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Banks can only attempt to collect against the party whose name is on the loan for payment.  However,  if they do sue for foreclosure you will probably be named in the lawsuit in any event.  The bank will name every party that either owns or resides in the house in order to cover its bases. In other words, they do not want to leave out any party that may come in later and claim to have an ownership or other interest in the house.  Notice would be the issue with having an interest in the house.  Parties with an interest have to have proper notice under the law or the proceeding may not be valid against them.  Get some advice on your divorce and asset interest.  I think that the house is yours as well, not just his.  Good luck.


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