Legal Question in Real Estate Law in Kentucky

Mortgage not notarized

Me and my girlfriend bought a house together about five years ago. Because my payment ballooned through the roof I got behind. Trying to refinace we discovered her name wasn't notarized on the mortgage, but it was on the property.. Does she have half interest on the property and everything on it, but holds no responsibility for the debt of the mortgage??


Asked on 9/23/08, 5:26 pm

1 Answer from Attorneys
Thomas McAdam Thomas A. McAdam, III, Attorney

Re: Mortgage not notarized

Sorry. A Notary is simply an official witness to a signature on a legal document. If your girlfriend did, in fact, sign the mortgage and the promissory note, she is "jointly and severally liable" for the debt; meaning, that if you default or go bankrupt, she will be legally responsible for paying the entire debt.

You are best advised to seek the services of a competent Kentucky bankruptcy attorney, who can advise you of several options. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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Answered on 9/23/08, 5:52 pm


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