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Joint Deed

I am joint owner of a property in which the other owner died, but I am not on the bank note (mortgage) Am I responsible for the mortgage payments? I DO NOT live on or near this property. by terryo_626_469 from Madisonville, Kentucky. Aug 1st 2012 Reply


Joe Metzler (JoeMetzler)
#17 ranked lender in Minnesota - 4,848 contributions

Being in title means you have an ownership interest. You are not on the mortgage, so technically then in this case, you are not responsible for payments. But, as an owner, you still need to protect your interest in the property, and there are many levels of concern there. From making sure property taxes are paid, and how the mortgage will be dealt with in the future, to possible selling of the home. You need to talk to a probate attorney.

Aug 1st 2012
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Larry Lechel (Larry@GenevaFi.com)
#15 ranked lender in Indiana - 38 contributions

While not on the note you have equity interest in the property. If the payments are not made and the lender initiates foreclosure then it would tie up the property for a long time and if you desired to liquidate the asset you could not necessarily do so in an expeditious or pain free way. It would be better to figure it out up front. www.LechelMortgage.com

Aug 1st 2012
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Linda Wintersteen (Linda123)
#63 ranked lender in Arizona - 1,256 contributions

first, is there a will, trust, probate??

Aug 1st 2012
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James Barath (JamesBarath)
#9 ranked lender in Indiana - 352 contributions

Great question; unfortunately, that is a question you should address with a licensed real estate attorney in the subject property state. Furthermore, you may want to have a discussion with an estate / probate attorney and an accountant on the potential tax liability associated with the settlement of the estate. Good luck.

Aug 1st 2012
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Michelle Curtis Loan Originator NMLS 401173 (MichelleCurtisLO)
#77 ranked lender in Florida - 2,245 contributions

You should speak with a real estate attorney.

Aug 1st 2012
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Peter Botros (PeterBotros)
#70 ranked lender in New York - 895 contributions

If the property has equity, then it is in your best interest to make sure the property does not go into foreclosure. If you do not wish to continue ownership of the property, sell it, take your money and walk away.

Aug 1st 2012
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