Can someone on a mortgage but not the deed, sell the property?

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Can someone on a mortgage but not the deed, sell the property?

My mother died and her house still has a balance. I’m her only heir. Her ex-husband’s name is on the mortgage but not the deed. He wants his name off the mortgage. I want to know if he could short sale the house without me signing over the deed which is in my mom’s name only?

Asked on May 22, 2017 under Estate Planning, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, being on a mortgage does not by itself make you an owner of the home--only those on the title or deed are owners. And only owners can sell a home, so if he only on the mortgage, he cannot force a sale of the house. 


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