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can a mortgage company hold a mortgage over you if there is no deed to the home?

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melissahoover

Junior Member
What is the name of your state (only U.S. law)? indiana

ok heres the deal. me and my husband lost our home to a fire back in july 2008 and we ended up getting a new home put up in the same location on the same foundation. well we found out there is no deed to the new home. our mortgage was transferred from wachovia to wells fargo and they never recieved a deed for the new home. basically all the old mortgage company did was transfer our loan from the old home to the new home. so my question is how can they hold a lein on the new home if there is no deed?
 


nextwife

Senior Member
You don't NEED a new deed everytime you add a structure to land you already own! Any mortgage you have not paid off is still open and against that real estate.

The mortgage runs with the LAND, not the structure (please tell me we are talking about "real property" and not trailers.)
 
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melissahoover

Junior Member
You don't NEED a new deed everytime you add a structure to land you already own! Any mortgage you have not paid off is still open and against that real estate.

The mortgage runs with the LAND, not the structure (please tell me we are talking about "real property" and not trailers.)
the home is NOT a trailer. if there is no deed to the new home then how are we supposed to be able to sell it? i do know for a fact that when you buy a new home there is supposed to be a deed for that home. we have teh home up for sale and if there is no deed to the house then how are we supposed to let the potential buyers become the new owners?
 

Zigner

Senior Member, Non-Attorney
the home is NOT a trailer. if there is no deed to the new home then how are we supposed to be able to sell it? i do know for a fact that when you buy a new home there is supposed to be a deed for that home. we have teh home up for sale and if there is no deed to the house then how are we supposed to let the potential buyers become the new owners?
Are you saying that the HOUSE has a deed? Not the land, the house?
 

nextwife

Senior Member
the home is NOT a trailer. if there is no deed to the new home then how are we supposed to be able to sell it? i do know for a fact that when you buy a new home there is supposed to be a deed for that home. we have teh home up for sale and if there is no deed to the house then how are we supposed to let the potential buyers become the new owners?
NO. The DEED is normally for the specific LEGAL DESCRIPTION of the LAND.

All structures that sit on that land are conveyed when the land is conveyed. One does NOT deed the HOUSE seperately.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? indiana

ok heres the deal. me and my husband lost our home to a fire back in july 2008 and we ended up getting a new home put up in the same location on the same foundation. well we found out there is no deed to the new home. our mortgage was transferred from wachovia to wells fargo and they never recieved a deed for the new home. basically all the old mortgage company did was transfer our loan from the old home to the new home. so my question is how can they hold a lein on the new home if there is no deed?
**A: the answer is yes. Any other questions?
 

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