Asked over 1 year ago - Temple Hills, MD
FlagI purchased a home in 2005 in the state Maryland and had my husband added to the deed. In 2008 my mortgage company's attorney sent documents for my husband to sign because the deed is not recorded correctly. Therefore, the house is not secured by the loan. I contacted the title company who did the closing for copies of the documents but they're not able to locate them. 1) Is this a title issue and is this something the title insurance would handle? 2) Should he sign the documents and could he be forced to sign the documents?
If you added your husband to title to the property AFTER you took the mortgage loan, there is no reason for him to sign anything at this time. The deed of trust (mortgage) that you signed at settlement is valid against the house.
However, if your husband was on title to the house BEFORE you took the loan, but at settlement of the loan, your husband did not sign the deed of trust, then the bank is entitled to ask that he sign so that the deed of trust will be effective against all of the ownership interests in the house.
I would suggest that you have an attorney review what the bank wants your husband to sign, to be sure that the request is reasonable, and that he is not signing anything that would impose unnecessary liability. This does not seem to be a title insurance issue
I would be glad to review the documents for you, if you wish.
In furtherance of the answers above, if you added your husband's name to the deed AFTER the mortgage was signed and recorded the terms of the mortgage should be examined carefully. Normally, when title is transferred (from you to you and your husband) without the express concurrence of the lender, that transfer may constitute a DEFAULT under the terms of your mortgage. I suggest you contact legal counsel immediately and provide her/him copies of all recorded instruments starting with the initial deed by which you took title. The lien is effective against the property, but you do not want to be found in default of your loan.
The author of this post is licensed to practice law in the State of Maryland. This post is intended as general information only, and is not provided as legal advice in connection with any specific set of facts, persons or entities or case, and does not create an attorney-client relationship
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