• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Title company puts wife on deed but not on mortage note

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mysophie

Junior Member
What is the name of your state? Michigan Husband purchases home. Applies for mortgage and indicates he is married on mortgage app. Wife is at closing and identifies herself. The title company closing agent changes mortgage to read " a married man". The husband signs all mortage docs. THE WIFE SIGNS NOTHING> The title agent changes warranty deed to a married man and adds the wifes name. The deed is registered by the title company with both husaband and wife on the deed.
1) Mortgage app made out as married man
2) mortage note signed by husband only
3) warranty deed reads His name ( a married man ) and her name.

AGAIN- the wife never lifts a pen at closing. QUESTION: has title company given her free and clear interest in home and PLEASE do you know of a previous case like this. I am looking for previously settle case. Thanks, Paula
 


I AM ALWAYS LIABLE

Senior Member
mysophie said:
What is the name of your state? Michigan Husband purchases home. Applies for mortgage and indicates he is married on mortgage app. Wife is at closing and identifies herself. The title company closing agent changes mortgage to read " a married man". The husband signs all mortage docs. THE WIFE SIGNS NOTHING> The title agent changes warranty deed to a married man and adds the wifes name. The deed is registered by the title company with both husaband and wife on the deed.
1) Mortgage app made out as married man
2) mortage note signed by husband only
3) warranty deed reads His name ( a married man ) and her name.

AGAIN- the wife never lifts a pen at closing. QUESTION: has title company given her free and clear interest in home and PLEASE do you know of a previous case like this. I am looking for previously settle case. Thanks, Paula


My response:

Where do you fit into this situation, Paula?

IAAL
 

John Se

Member
"Free and Clear interest" How do you figure?

There is a mortgage and promissory note secured by deed of trust (likely) there fore property is not free and clear. Why would wife care? Do you NEED you name on a Mortgage for some reason?. Your on the deed, you own half the house, at least whatever is not mortgaged.
 

I AM ALWAYS LIABLE

Senior Member
John Se said:
There is a mortgage and promissory note secured by deed of trust (likely) there fore property is not free and clear. Why would wife care? Do you NEED you name on a Mortgage for some reason?. Your on the deed, you own half the house, at least whatever is not mortgaged.

My response:

I was going to get to that, John. However, the usual case is that the "new wife" of "girlfriend" comes here (whom I suspect Paula is one) and asks this same question, with the ulterior, but unasked, question "Why should she get any part of the house?". You see, Paula made a big point of saying that wife was on the deed, but not on the mortgage; i.e., "She's entitled to the asset, but not the debt."

So, I wanted to know who Paula was in this scenario - - even though I suspect she's the "new paramour".

And, my suspicions are probably correct because, as you'll notice, Paula hasn't come back.

IAAL
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top