Legal Question in Real Estate Law in New Mexico

My stepfather has been incarcerated for the past two years. Only his name is on the mortgage, and the bank wants to take our house. We use his checks from the va to pay the mortgage as well as what we can ourselves. Because of the bank wanting to take our house, we will have to move soon. Is my mother obligated to pay the mortgage even though he is in prison and only his name is on the house? We live in Albuquerque, New Mexico. Thank you!!


Asked on 7/23/10, 3:42 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The bank cannot foreclose on the house if the mortgage payments have been made and are current. Your mother is not obligated to pay the mortgage unless she agreed to by signing it.

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Answered on 7/25/10, 9:21 am


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