no deed---please help!!!!!!!!!!!!!!!!

madia · May 9, 2005

What is the name of your state?I live in Indiana.

I recently discovered that the home I bought 2 years ago, does not have a deed registered to me. The deed is in the prior owners name. I investigated my title company and they are now out of business and did not forward me title insurance policy either--but I did pay for it and it is listed on mortgage paperwork. My taxes are now doubled because I could not file any exemptions because I did not have a deed. The mortgage is registered and on my credit, but I have no deed to the home. How can they charge me a mortgage for a home that is not in my name? Who is responsible for the tax penalties? I was able to track down a title company that bought out my prior title company and they were at a lost on what to do and if they can even help me. They said they would need to discuss with their lawyers. Everyone agrees this is a big mistake and mess, but do not know who is responsible to fix or pay. My mortgage was even bought by two other companies and they did not catch that I did not have a deed. Big question--- Can I be liable for a mortgage if no deed in my name? I retained a lawyer and he is telling me I could still be liable for the mortgage--need a second opinion!!Any advice???

HomeGuru · May 9, 2005

madia said:
What is the name of your state?I live in Indiana.

I recently discovered that the home I bought 2 years ago, does not have a deed registered to me. The deed is in the prior owners name. I investigated my title company and they are now out of business and did not forward me title insurance policy either--but I did pay for it and it is listed on mortgage paperwork. My taxes are now doubled because I could not file any exemptions because I did not have a deed. The mortgage is registered and on my credit, but I have no deed to the home. How can they charge me a mortgage for a home that is not in my name? Who is responsible for the tax penalties? I was able to track down a title company that bought out my prior title company and they were at a lost on what to do and if they can even help me. They said they would need to discuss with their lawyers. Everyone agrees this is a big mistake and mess, but do not know who is responsible to fix or pay. My mortgage was even bought by two other companies and they did not catch that I did not have a deed. Big question--- Can I be liable for a mortgage if no deed in my name? I retained a lawyer and he is telling me I could still be liable for the mortgage--need a second opinion!!Any advice???

**A: I agree with your lawyer.

John Se · May 9, 2005

find the seller

Any chance of finding the seller, Usually a stand up guy will give you the deed. Other than that you would need to sue for quiet title, actually it shouldnt cost that much really, since it seems pretty straightforward. If you dont want to be responsible for the mortgage just leave, it will be foreclosed on and you will be credit screwed. You must have equity you want to keep.

nextwife · May 9, 2005

Have the current mortgage lender provide a copy of their mortgage title policy. If the mortgage title policy was issued, then the policy number can be used to track the ownewrs and lenders policies with the title agency's underwriter. Also, the mortgage policy will state the recording data for the conveyance that occured which placed title in your name. They could not have issued a loan policy UNLESS YOU came into title- else there would NOT have been an insurable mortgage. A non-owner cannot place a house as collateral.therefore, the title company would have insured that you became the owner, because that is the only way that you could legally encumber the property by mortgaging it.

It is very possible the deed was misfiled, and that is why it is not showing on a search. I can't imagine how else a title loan policy could have been issued to your mortgage company. They had to have been able to show you in title to insure the position of the mortgage.. And if the loan WAS sold, there had to have been a final policy.

seniorjudge · May 9, 2005

madia said:
What is the name of your state?I live in Indiana.

I recently discovered that the home I bought 2 years ago, does not have a deed registered to me. The deed is in the prior owners name. I investigated my title company and they are now out of business and did not forward me title insurance policy either--but I did pay for it and it is listed on mortgage paperwork. My taxes are now doubled because I could not file any exemptions because I did not have a deed. The mortgage is registered and on my credit, but I have no deed to the home. How can they charge me a mortgage for a home that is not in my name? Who is responsible for the tax penalties? I was able to track down a title company that bought out my prior title company and they were at a lost on what to do and if they can even help me. They said they would need to discuss with their lawyers. Everyone agrees this is a big mistake and mess, but do not know who is responsible to fix or pay. My mortgage was even bought by two other companies and they did not catch that I did not have a deed. Big question--- Can I be liable for a mortgage if no deed in my name? I retained a lawyer and he is telling me I could still be liable for the mortgage--need a second opinion!!Any advice???

Q: Who is responsible for the tax penalties?

A: You are responsible for your taxes.

Also, your lawyer is right. Keep after that second title company. But, if the seller is now gone and the first title company lost the deed on the way to the courthouse, you may have to file a quiet title action against the seller and anyone else involved.

Ask your lawyer for details.

madia · May 16, 2005

Reply

I appreciate the responses greatly! But I am having a hard time beleiving that someone can still make me liable for something I do not own. You cant make someone liable for a car without having a title! I know this is a much larger purchase, but if the house burnt down right now, I wouldn't even get the house insurance money-even though I am the one paying for the insurance. God forgive-if my husband and I died suddently, my own children would not get possesion of my home. I feel like I am going through extreme turmoil over something that had nothing to do with me. I feel like the whole thing is fraudulent. I am not even able to sell my home and I have had it on the market for 2 years. It really seems like I should have some sort of recourse on this matter. This can't be something that happens everyday-at least I would hope not. I have over 6 different companies that had my paperwork and did not realize they had no deed. That is really bad business.

seniorjudge · May 16, 2005

madia said:
I appreciate the responses greatly! But I am having a hard time beleiving that someone can still make me liable for something I do not own. You cant make someone liable for a car without having a title! I know this is a much larger purchase, but if the house burnt down right now, I wouldn't even get the house insurance money-even though I am the one paying for the insurance. God forgive-if my husband and I died suddently, my own children would not get possesion of my home. I feel like I am going through extreme turmoil over something that had nothing to do with me. I feel like the whole thing is fraudulent. I am not even able to sell my home and I have had it on the market for 2 years. It really seems like I should have some sort of recourse on this matter. This can't be something that happens everyday-at least I would hope not. I have over 6 different companies that had my paperwork and did not realize they had no deed. That is really bad business.

These are all solvable problems. Irritating, no doubt, but they are solvable.

You are liable for the mortgage because you signed documents agreeing to be liable.

Also, since you have an insurable interest in the house, if the place burned down, your lender would be paid off and (if anything was left) you would get the remainder.

In any event, keep after the title company...this problem can and will get solved.

HomeGuru · May 16, 2005

madia said:
What is the name of your state?I live in Indiana.

I recently discovered that the home I bought 2 years ago, does not have a deed registered to me. The mortgage is registered and on my credit, but I have no deed to the home. How can they charge me a mortgage for a home that is not in my name?

**A: you have not given us the true and complete facts.
Answer this then; how is the mortgage registered and on YOUR credit?
You must have signed the mortgage papers and it was recorded on title to the property.

madia · May 16, 2005

In response to the first reply-I have been told by my lawyer that if my house did burn down, the person on the deed -who technically own its(on deed), would get compensated-not me. Yes you are correct it is irritating--but it goes very beyond irritating, my house is unsellable, I am paying thousands over what I should in taxex, I am told legally I dont own it, I can't refinance if i wanted to, and I am having all the people at fault point the finger at each other. If i were even able to get it solved, nobody would buy my home with taxes out of the world. They have done far worse damage then just irritating me, they are hurting my financially and disrupting my future.

In response to the second reply-I have given all the facts as I know them. This is the first home I owned and was very naive in the process and believed what I was told and assumed that they were doing their job. I do have a mortgage on my credit, I have seen it, I have copies of the papers that i signed. But it states it is a mortgage for a home, that I am not listed on title as owning. The previous owners name is on the deed at my county treasurers office. I don't know how it happened, I have learned the process now through this mess on what should have happened. But the simple fact is, they gave me a mortgage, but did not obtain a deed. Everyone including 3 mortgage companies, did not realize. My own lawyer is stumped, has never seen and not sure how best to handle. He told me that this question would be something they would ask in law school to stump you.

seniorjudge · May 16, 2005

madia said:
In response to the first reply-I have been told by my lawyer that if my house did burn down, the person on the deed -who technically own its(on deed), would get compensated-not me....My own lawyer is stumped, has never seen and not sure how best to handle. He told me that this question would be something they would ask in law school to stump you.

Your lawyer is an idiot.

HomeGuru · May 16, 2005

madia said:
In response to the first reply-I have been told by my lawyer that if my house did burn down, the person on the deed -who technically own its(on deed), would get compensated-not me. Yes you are correct it is irritating--but it goes very beyond irritating, my house is unsellable, I am paying thousands over what I should in taxex, I am told legally I dont own it, I can't refinance if i wanted to, and I am having all the people at fault point the finger at each other. If i were even able to get it solved, nobody would buy my home with taxes out of the world. They have done far worse damage then just irritating me, they are hurting my financially and disrupting my future.

In response to the second reply-I have given all the facts as I know them. This is the first home I owned and was very naive in the process and believed what I was told and assumed that they were doing their job. I do have a mortgage on my credit, I have seen it, I have copies of the papers that i signed. But it states it is a mortgage for a home, that I am not listed on title as owning. The previous owners name is on the deed at my county treasurers office. I don't know how it happened, I have learned the process now through this mess on what should have happened. But the simple fact is, they gave me a mortgage, but did not obtain a deed. Everyone including 3 mortgage companies, did not realize. My own lawyer is stumped, has never seen and not sure how best to handle. He told me that this question would be something they would ask in law school to stump you.

**A: ok, I'll try this for the last time. I am not interested in the rest of the story or anything else so do not explain things that I am not asking for.
One final question: did you sign mortgage documents?

madia · May 16, 2005

I am sorry, did not mean to not answer your question. Thought I made that clear. Yes, I signed mortgage papers, with Ace Mortgage two years ago.

HomeGuru · May 16, 2005

madia said:
I am sorry, did not mean to not answer your question. Thought I made that clear. Yes, I signed mortgage papers, with Ace Mortgage two years ago.

**A: then there's your answer. You are liable for the mortgage even if the deed is not in your name.

seniorjudge · May 16, 2005

HomeGuru said:
**A: then there's your answer. You are liable for the mortgage even if the deed is not in your name.

HG, I believe you told her that in the very first response to her post! Maybe she believes the rest of us also. I hope so....

madia · May 16, 2005

I understand what you are saying, but that still makes no sense to me. I signed a mortgage for something I never owned. I can understand that the too are separate entities, but I still should own what I was told I was paying over 120 thousand for and be able to sell, refi or what ever I want to do with my real estate as others are able to do. I could understand if I had in my name and then put in someone elses name, I would be liable. But it was never in my name.

no deed---please help!!!!!!!!!!!!!!!!

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