What to do if I am in the trial period of a modification and son, who is on the title but not living in my home, has judgments?

UPDATED: Sep 30, 2022

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What to do if I am in the trial period of a modification and son, who is on the title but not living in my home, has judgments?

I am in the process of getting a loan modification and they found judgements belonging to my son when the title search was conducted. Can the modification still go through if he does not pay the judgments?

Asked on June 23, 2016 under Real Estate Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If he is on the title, then those judgments could potentially represent claims against the house (e.g. they could be associated with or lead to liens on the property) which will impair their security interest in the home and make their loan riskier. While they could go through with the modification if they chose, they do not have to: this would represent a good and completely legal reason to deny or refuse the modification. It is irrelevant where you son lives; all that matters is that he is on the title.

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