Legal Question in Family Law in Maryland
My brother was divorce last year he is trying to get a house but his name on the mortgage of the house he once share with his wife but a real estate agent pull the deed to the house and his name is not on the deed in March 2010 he went and got a copy of the deed the copy was dated back in 2004 and his name was on the the deed then Can a person name be on the mortgage but not the deed?
2 Answers from Attorneys
Yes, a person can be on a mortgage but not a deed.
Yes. The deed addresses who owns the property. The mortgage or deed of trust promissory note addresses who is obligated to pay back the loan. A mortgage or deed of trust is the document which provides a security interest in the property if the loan is not repaid. It is what gives the lender the right to foreclose and sell the property if there is a default. The owner of the property must sign the mortgage or deed of trust, but the owner of the property does not necessarily have to be liable to repay the loan, and the person liable to make the repayment does not have to be on title to the property. It sounds like your brother agreed to transfer the house to his wife, but neglected to require that she refinance or otherwise get him off the loan.
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