Deeds?foreclosure /Confused in PA

[jkenzo]

What is the name of your state? Pa

i JUST RECENTLY GOT APPROVED FOR A MORTGAGE BY MYSELF, THE MORTGAGE CO. SAID THAT SINCE IM MARRIED I HAVE TO PUT MY HUSBANDS NAME ON THE DEED TO the HOME IM BUYING. Before we were married and together hes parents couldnt obtain a mortgage in new jersey so they asked him to take a mortgage out under his name and recently the bank foreclosed on that house.
My question is if his name is on the deed to my house,can the bank put a lien on my house for his past foreclosure?


Jen

 

[seniorjudge]

My question is if his name is on the deed to my house,can the bank put a lien on my house for his past foreclosure?

Is there a judgment against him in NJ or PA?

By the way, ask the title company this question.

 

[jkenzo]

the lien is in nj

 

[seniorjudge]

the lien is in nj

What kind of lien?

Please give us all the details so we do not have to play 100 questions.

 

[GaAtty]

GaAtty

In my opinion, the mortgage company is wrong. Pennsylvania is not a community property state, and therefore there is absolutely no reason why you must put your husband's name on the deed. More than likely there is no deficiency on the previous foreclosure, but some states differ on that so I can't say. However, you don't even need to worry about the previous foreclosure if you don't have his name on the property. Just be firm with the mortgage company and tell them that is between you and your spouse and you don't choose to do so. Women DID get rights to own their own property in their own name about 100 years ago, where have these people been? The mortage company just wants one more person to go after in the event of a default, but they really should not be giving you legal advice. You qualified for the loan, you can put who you want on the deed. Put the whole neighborhood on it, if you want! It's not their business whether or not your spouse is on it, if you qualified based on your income alone. If, after you tell the mortgage company you are going to be alone on the deed, they still insist, pay a real estate attorney to write them a short letter explaining their own state law to them.