Legal Question in Credit and Debt Law in New Hampshire

My husband of 30 years left. My home was foreclosed on Oct. 6, 2010. My name was not on the mortgage but is on the deed. The home was auctioned on Oct. 6, 2010 but no one purchased it that I am aware of because I have received no information from the mortgage company. Where do I stand on this? What is the difference between mortgage and deed?


Asked on 1/06/11, 10:55 am

1 Answer from Attorneys

Ryan Sullivan Sullivan Legal

Very sorry to hear about your difficult situation. The difference between being on the deed only as opposed to on the deed and the mortgage is that when you are not on the mortgage (actually meaning the note relative to the loan), the bank cannot go after you personally for any balance left on the note after a sale of the house at foreclosure. That does not mean, however, that the house cannot be taken from you and transferred to someone that buys it out of foreclosure, it can. However, as a resident of the house, the bank must first go through the eviction process to have your right to reside their terminated. In other words, the bank can't just show up one day and say, "you have to leave," there is a further legal process to remove your right to possession of the property.

If the bank is still holding onto the title to the property following the foreclosure, they may be willing to work out a deal with you to buy it from them. Depending on the lender, the amount of the mortgage arrears and the value of the house, there may be an opportunity to work something out.

Best of luck to you.

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Answered on 1/11/11, 11:11 am


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