Can someone on a mortgage but not the deed, sell the property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 6 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.
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 AttorneyPages.com 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.