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Updated about 6 years ago on . Most recent reply

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Juan P Gomez
  • Rental Property Investor
  • Bayside, NY
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Name on deed not on mortgage, if I'm being sue could they go take

Juan P Gomez
  • Rental Property Investor
  • Bayside, NY
Posted

Hi , I may be getting sued and I currently have my name on a deed but not on the mortgage. My Mother purchased a home 4 years ago and put my name on the deed. I am not on the mortgage and it is currently a residential mortgage but the home is currently being rented out for cashflow. Could they legally sue me and take my mothers home for me being on the deed?

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

If they get a judgment, they can go after Your interest in the property which would be half the equity, but not her half.  That Could lead to a partition action forcing the sale of the property though.

Talk to an attorney, but if the property is your or your mom’s homestead, there may be some protection, as there is here.

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