QUESTION

If your name is not on the mortgage, are you responsible for the payment?

Asked on Nov 23rd, 2012 on Real Estate - New York
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1 ANSWER

The general answer is no, however. If your name is not on the deed and not on the mortgage, you are not responsible for it. If your name is on the deed and not on the mortgage, why isn't it? The mortgage company could claim fraud or perhaps the mortgage is not valid. Either way, the mortgage company could call it due and sue to foreclose. If your name is not on the mortgage but is on the note, you are responsible. The mortgage is a lien against the property and the note is a debt instrument requiring the persons on the note to repay it. You could consult with your title company.  
Answered on Nov 25th, 2012 at 10:34 AM

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