My name is on the deed but not the mortgage

[ChristineD]

What is the name of your state (only U.S. law)? Maryland
My ex fiance and I purchased a home in 2001. I placed the deposit and he applied for a private mortgage. Two years later he refinance, his name only, with a bank. He placed my name on the Deed to our home @ 4 years ago and within months refinanced for a lower interest rate and added @ $20,000 for home repairs. It was at that time that I found out that he had added $38,000 to the original mortgage amount when he left the private lender. We have recently dissolved the relationship and I have just been informed by the bank that the mortgage is almost 2 years in arrears. Although he has made payments within the past 2 years, if I made a payment today it would go back to April 2010...$31,000 could bring the mortgage to date. The information from the bank is limited as I am not on the mortgage. He had a secret P.O. Box and had changed his address with the mortgage company so I have not seen any notices. I cannot get any information from my ex fiance about the status of the home. I have our 10 year old daughter with me. I maintained EVERY bill, except the mortgage, in the home and financially supported his teenage son for the past two years. Can I recover any of the money that he failed to pay? Was our agreement something that I can fall back on? I am now faced to start over with our daughter and everything I had went into our home. I am unable to come up with the money and he will not communicate any further information. Your suggestion is appreciated.

 

[Antigone*]

What is the name of your state (only U.S. law)? Maryland
My ex fiance and I purchased a home in 2001. I placed the deposit and he applied for a private mortgage. Two years later he refinance, his name only, with a bank. He placed my name on the Deed to our home @ 4 years ago and within months refinanced for a lower interest rate and added @ $20,000 for home repairs. It was at that time that I found out that he had added $38,000 to the original mortgage amount when he left the private lender. We have recently dissolved the relationship and I have just been informed by the bank that the mortgage is almost 2 years in arrears. Although he has made payments within the past 2 years, if I made a payment today it would go back to April 2010...$31,000 could bring the mortgage to date. The information from the bank is limited as I am not on the mortgage. He had a secret P.O. Box and had changed his address with the mortgage company so I have not seen any notices. I cannot get any information from my ex fiance about the status of the home. I have our 10 year old daughter with me. I maintained EVERY bill in the home and supported him and his teenage son for the past two years. Can I recover any of the money that he failed to pay? Was our agreement something that I can fall back on? I am now faced to start over with our daughter and everything I had went into our home. I am unable to come up with the money and he will not communicate any further information. Your suggestion is appreciated.

You should not be able to recover the back payments, the bank should. You really allowed yourself to be put in a terrible financial situation. It might almost be prudent for you to take your daughter and rent yourselves an apartment to cut your losses.

 

[LdiJ]

You should not be able to recover the back payments, the bank should. You really allowed yourself to be put in a terrible financial situation. It might almost be prudent for you to take your daughter and rent yourselves an apartment to cut your losses.

What losses? She hasn't been paying the mortgage payments...only the utilities. I don't know how big her down payment was, but that is only loss she would have incurred and moving into an apartment won't mitigate/cut that loss.

 

[Antigone*]

What losses? She hasn't been paying the mortgage payments...only the utilities. I don't know how big her down payment was, but that is only loss she would have incurred and moving into an apartment won't mitigate/cut that loss.

Who said her losses had anything to do with the mortgage payments she did not make? I certainly did not say that. Her down payment is certainly a loss.

I intentionally did not say anything about the utilities being a loss because she had use of the utilities. Her moving isn't a loss either, she has to live somewhere.

The longer she stays the more she will have to put up with his financial irresponsibility. She will continue to pay all the bills and support a child that is not hers. Leaving that situation, LD is cutting her losses.

 

[ChristineD]

Let me clarify...

We had an agreement that I pay every expense...except the mortgage. His sole responsibility was the mortgage. He never "mentioned" that he was not paying the mortgage for almost 2 years. I had no idea until a month after he left when our daughter took the note off of the front door. I supported his teenage son for 2 years prior to his graduation this past June. The entire time, he wasn't paying the mortgage.

I consider myself financially responsible and hard working. I never had a reason to believe that the mortgage wasn't being paid. We took a very big family vacation in January...I would have NEVER done that had I known the mortgage was in trouble. He knew I would have taken on 2 more jobs just to pay for the roof over our daughters head. Did I mention she has special needs?

I understand that this is a terrible situation for me...trust me when I say that I think about it every day...every minute. I cannot get any information from him about what the mortgage company is doing and the mortgage company cannot give me anymore information. Do I have any responsibility as a listed party on the deed?

 

[HomeGuru]

We had an agreement that I pay every expense...except the mortgage. His sole responsibility was the mortgage. He never "mentioned" that he was not paying the mortgage for almost 2 years. I had no idea until a month after he left when our daughter took the note off of the front door. I supported his teenage son for 2 years prior to his graduation this past June. The entire time, he wasn't paying the mortgage.

I consider myself financially responsible and hard working. I never had a reason to believe that the mortgage wasn't being paid. We took a very big family vacation in January...I would have NEVER done that had I known the mortgage was in trouble. He knew I would have taken on 2 more jobs just to pay for the roof over our daughters head. Did I mention she has special needs?

I understand that this is a terrible situation for me...trust me when I say that I think about it every day...every minute. I cannot get any information from him about what the mortgage company is doing and the mortgage company cannot give me anymore information. Do I have any responsibility as a listed party on the deed?

**A: yes you do since nonpayment of the mortgage will lead to foreclosure. The lender will file foreclosure and name all titleholders and mortgagors.

 

[ChristineD]

Soooo...

How do I go about getting the information? He won't even tell me how far the process is and if a date has been set for eviction. I don't understand how I can be responsible for a mortgage when no one will give me the information to work it out. I know I am not on the mortgage but I am responsible?

 

[Antigone*]

How do I go about getting the information? He won't even tell me how far the process is and if a date has been set for eviction. I don't understand how I can be responsible for a mortgage when no one will give me the information to work it out. I know I am not on the mortgage but I am responsible?

You are not responsible for the mortgage. In fact the bank will not even speak to you about the mortgage.

If you want to buy the home, you might want to go to your local bank and speak to them about a home loan. You can either do that, or like I said, get an apartment and cut your losses.