04-03-2010, 08:34 AM
2 posts, read
3,610 times
Reputation: 13
Married, purchasing house soon and DON'T want put name on morgage but DO want name on title/trust deed. How do I go about doing that?
04-03-2010, 04:18 PM
Location: southwest TN
8,568 posts, read
18,112,482 times
Reputation: 16707
You don't. No mortgagor will give a mortgage unless ALL owners are party to the mortgage.
04-03-2010, 05:20 PM
Location: Memphis, Tn ~ U.S.A.
2,353 posts, read
5,376,903 times
Reputation: 2187
Quote:
Originally Posted by
deb7mem
Married, purchasing house soon and DON'T want put name on morgage but DO want name on title/trust deed. How do I go about doing that?
Easy, put the house in a trust
Put you Wife as trustee with you being beneficiary of the trust
You should be able to hire a Trust Attorney and have him/her set this up for you for around $1,200-$1,500 on a simple trust like this
Oh, I just noticed your trying to get a mortgage(I wrote a check for my house
) I'm not sure how you will manage to get a loan w/out signing for it, but hire an attorney and they may be able to find a way
04-06-2010, 09:03 AM
1,292 posts, read
5,002,512 times
Reputation: 1209
It can and is done....assuming you qualify for the loan entirely on your own - without your spouse's income. The mortgage would be in your name (although your spouse will probably be required to sign the note as an owner of the collateral). Both of you would be on the Warranty Deed (or Quit Claim Deed). Both of you would be on the Deed of Trust - you as the borrower/property owner, your spouse just as another owner of the collateral. Ownership would be joint, but only you would be obligated on the mortgage. While your spouse wouldn't technically be responsible for the mortgage, obviously he would have to pay if off if something happened to you or the mortgage lender would foreclose.
Last edited by JoeCartpath; 04-06-2010 at 09:12 AM ..
04-06-2010, 09:15 AM
Location: southwest TN
8,568 posts, read
18,112,482 times
Reputation: 16707
Of course this makes sense to John the Banker:
2 people own the property, one gets a mortgage and only one is obligated to pay back the mortgage. (see the highlighted in red). John the Banker thinks this is wonderful: Person dies or otherwise stops paying the mortgage and the other property owner is not responsible to pay it back! So John the Banker gets to foreclose on only 1/2 the property!?! Are you serious? or delirious?
Is a NOT TECHNICALLY the same as not legally? Can you take someone to court to get back the money you have loaned? If so, do you get a technical judgment instead of a legal judgment? Does the person pay back the mortgage with technicals instead of legal tender?
What happens when the spouse has a judgment against him/her? Does the person get to force the sale of the house to satisfy the judgment?
OR, better yet, does this OTHER spouse get to have his or her own mortgage? Yippee, each owner can have their own mortgage on the same property! and NOT BE obligated to pay off the other mortgage. So, let's see, they both have a mortgage for 50% of the equity and each decides not to pay on their mortgage. Since the other is NOT REALLY obligated to pay off the spouse's mortgage, they get to own the house without any mortgage.
Quote:
Originally Posted by
JoeCartpath
It can and is done....assuming you qualify for the loan entirely on your own - without your spouse's income. The mortgage would be in your name. Both of you would be on the Warranty Deed (or Quit Claim Deed). Both of you would be on the Deed of Trust - you as the borrower/property owner, your spouse just as another owner of the collateral. Ownership would be joint, but only you would be obligated on the mortgage. While your spouse wouldn't technically
04-06-2010, 09:36 AM
1,292 posts, read
5,002,512 times
Reputation: 1209
Let me explain....
Quote:
Originally Posted by
NY Annie
Of course this makes sense to John the Banker:If two people are on the deed, they each own the entire property jointly - they don't just own 1/2 of the property. So yes, the mortgage holder forecloses on the entire property if there is a default on the mortgage/Deed of Trust. That's the danger of this situation. If the OP were to die (for example), there is no longer anyone obligated on the mortgage....and death is always listed as one of the terms of default. That means the spouse wouldn't be able to just continue paying...he would have to satisfy the mortgage by paying in full or by refinancing in his name in order to keep the property. In this case, you're not loaning any money to the spouse - only to the OP. You can't sue the spouse for the money owed....but you can foreclose on the property in which he gave you an interest - unless the mortgage holder was willing to refi the mortgage in the spouse's name (maybe his credit improved over time). You can't force the sale of a house to satisfy a judgment. You can place a lien that must be satisfied if the house is sold, but you can't force a sale. Your example is silly. If there were two mortgages, and both were in default, then BOTH of those mortgage holders would be able to foreclose. Whichever was recorded first would be the first mortgage holder, the other would be second mortgage. The second mortgage holder would be in the weakest position. If the first mortgage holder foreclosed, they would be under no obligation to bid enough to pay the second mortgage...that mortgage holder would have to bid enough to protect his interest. If the second mortgage holder initiated the foreclosure, they would be obligated to pay off the first - and would have to bid accordingly.
04-06-2010, 10:08 AM
1,292 posts, read
5,002,512 times
Reputation: 1209
Here's another example of when this might happen.NOT obligated on the mortage at all. In practical terms though, he does have a vested interest in whether or not the mortgage is paid....assuming he wants to protect his ownership interest in the property.
04-06-2010, 10:47 AM
Location: southwest TN
8,568 posts, read
18,112,482 times
Reputation: 16707
So you are suggesting that this married couple take possession of the house as Tenants in Common - and you believe that John (the banker) is going to allow spouse #1 to own, free and clear, 50% of the property and spouse #2 gets to mortgage the other 50%?
04-06-2010, 11:03 AM
Location: Destrehan, Louisiana
2,189 posts, read
7,053,438 times
Reputation: 3637
Quote:
Originally Posted by
NY Annie
You don't. No mortgagor will give a mortgage unless ALL owners are party to the mortgage.
You are wrong. My house and mortgage are in my wife's name only because she had better credit when we purchased.
I had to sign a release paper allowing the house and mortgage to go in her name.
busta
04-06-2010, 11:08 AM
Location: southwest TN
8,568 posts, read
18,112,482 times
Reputation: 16707
Your statement, without qualification, is absolutely not true.
You absolutely CAN force the sale of property to satisfy a judgment, depending upon the type of tenancy.
"In almost every US state it is possible for a judgment creditor to request a forced sale of property to which a lien has been attached. ...there are many factors that could prevent a forced sale of a primary residence. For example, Texas is one state where statutory law forbids the sale of a homestead. Other states do not allow such a sale if it is marital property held as Tenancy By The Entirety and only one spouse is the debtor, and so on and so on. "
Quote:
Originally Posted by
JoeCartpath
Let me explain....
You can't force the sale of a house to satisfy a judgment. You can place a lien that must be satisfied if the house is sold, but you can't force a sale.[/quote] Property ownership - what are the common forms? WikiAnswers - Can a lien be used as a forced sale of property
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Residents speaking English at home - Born in the United States (%)
Residents speaking English at home - Native, born elsewhere (%)
Residents speaking English at home - Foreign born (%)
Residents speaking Spanish at home (%)
Residents speaking Spanish at home - Born in the United States (%)
Residents speaking Spanish at home - Native, born elsewhere (%)
Residents speaking Spanish at home - Foreign born (%)
Residents speaking other language at home (%)
Residents speaking other language at home - Born in the United States (%)
Residents speaking other language at home - Native, born elsewhere (%)
Residents speaking other language at home - Foreign born (%)
Class of Workers - Employee of private company (%)
Class of Workers - Self-employed in own incorporated business (%)
Class of Workers - Private not-for-profit wage and salary workers (%)
Class of Workers - Local government workers (%)
Class of Workers - State government workers (%)
Class of Workers - Federal government workers (%)
Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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) I'm not sure how you will manage to get a loan w/out signing for it, but hire an attorney and they may be able to find a way
