What happens if you are on the deed of trust but not listed on the closing documents?

UPDATED: Dec 15, 2011

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What happens if you are on the deed of trust but not listed on the closing documents?

My wife appears as a borrower on the deed of trust document but does not appear on the closing document. In the event of my death will my wife have any difficulty in transferring the mortgage to her sole name?

Asked on December 15, 2011 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written, it appears that you are purchasing real property, are married and your wife is a borrower on a loan to be sured by a deed of trust on the property that you are buying. The reason why she is not listed on the closing documents is perhaps due to title to the property being purchased being solely taken in your name.

If your wife is going to be obligated on the trust deed, then perhaps you need to contact the escrow officer about your wife being on legal title to the property being purchased.

If you pass before your wife and if she is on the trust deed that you have written about, she will be obligated on the loan regardless. I suggest that you may wish to consult with a real estate attorney about further questions you may have as to your escrow that is pending.

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