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Old 06-17-2015, 06:24 PM
 
1 posts, read 1,092 times
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I am paying on a mortgage for the home that I live in, but the mortgage is in someone else's name. What rights do I have, if any on claiming the property for myself? Or proving that the entire sum of the mortgage has been paid by myself not the person whose name is on the mortgage? Please help, any advise or comments would be appreciated??
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Old 06-17-2015, 07:47 PM
 
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So you are living rent free and paying the mortgage as an offset?

If your name's not on the mortgage... you have no obligation to pay.

We helps an elderly family member make a few mortgage payments when he lost his job... never expected anything in return...

A few years later he sold the place and paid us back... can't ask for anything more.
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Old 06-17-2015, 07:55 PM
 
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If your also paying the property taxes then after I believe 6 or 7 years you might have a legal claim. You might have some sort of adverse possession claim.

I'm not a property law attorney and I didn't sleep in a Holiday Inn Express last night either.
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Old 06-17-2015, 08:15 PM
 
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Adverse Possession needs to be adverse... right?

If you are paying by agreement it wouldn't seem to be adverse.

I know parents that have paid for years the kids mortgage so they wouldn't lose the house... heaven forbid the kids shows up back at mom and dad's doorstep.

So a typical mortgage is 30 years plus a down payment... just wouldn't seem fair to pay even 10 years and walk away with it...

Maybe the person will deed it to you?
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Old 06-17-2015, 08:44 PM
 
Location: East of Seattle since 1992, originally from SF Bay Area
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The lender doesn't care or even record who writes the check, as long as it's paid.
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Old 06-18-2015, 08:46 AM
 
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We will need more info....

Did someone pass away? A parent?
Is this property owned by a relative or something?
Who is it deeded to?

Tell us the story.
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Old 06-18-2015, 08:53 AM
 
Location: Boise, ID
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You have whatever rights you would have if you weren't paying the mortgage.

For example, for the first 12 years my husband and I owned our house, the mortgage and deed were both in my name. Him making the payments means nothing, but the fact that it is a community property state does. So he has rights to the house, but not because he was making payments.

Now, if you were paying rent to live there AND paying the mortgage on top of that, you'd likely have a case in court.

If you have no rights to the house otherwise, simply paying the mortgage is not enough to give you any claim.
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Old 06-18-2015, 10:35 AM
 
Location: SW Florida
9,141 posts, read 6,329,250 times
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Quote:
Originally Posted by LuckyLady13 View Post
I am paying on a mortgage for the home that I live in, but the mortgage is in someone else's name. What rights do I have, if any on claiming the property for myself? Or proving that the entire sum of the mortgage has been paid by myself not the person whose name is on the mortgage? Please help, any advise or comments would be appreciated??

You don't. As far as the lending institution holding the mortgage, is concerned, it is THEIR house, and the mortgage belongs to whoever's name is on the documents. You would have to renegotiate that mortgage with the lender, and put your name on it, for them to recognize you as the owner.
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Old 06-18-2015, 10:50 AM
 
Location: New York
2,251 posts, read 4,160,232 times
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Quote:
Originally Posted by LuckyLady13 View Post
I am paying on a mortgage for the home that I live in, but the mortgage is in someone else's name. What rights do I have, if any on claiming the property for myself? Or proving that the entire sum of the mortgage has been paid by myself not the person whose name is on the mortgage? Please help, any advise or comments would be appreciated??
Lucky Lady welcome to CityData,

Not of the mortgage - assume not on the title either?

There are two ways to get another name on a mortgage, either by refinancing or purchasing.

In the case of a borrower the passes, a family member (not on the loan) can take over the payments to prevent a property form going into foreclosure (have many cases like that).

All you are doing is paying RENT. Any disputes should be outlined in the agreement when you moved into the property.

As for paying the entire sum of the mortgage, because your name is not on the loan (or title). You cannot claim ownership. If you were going to continue living there, everything would need to be paid in the home owners name (taxes and insurance).

Unclear on your objective - if you are looking to own a home, my advice would be working on your credit and saving up for a down payment to purchase a home. My first choice would be working out something with the current owner.

Good Luck

.
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