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The deed to land is in my husband his mom and sisters name. There is a lien on the land &bank says only my husband is on loan

Dexter, GA |

We live in GA. Before my husband's father passed away he put the land in all three names. The bank is only coming after my husband for the loan payment and we don't even live on the land. His mom and sister do. How can we make them help pay or get the loan and land completely out of my husband's name.

Attorney Answers 4


  1. He can get the loan out of his name by paying it off or filing a bankruptcy petition. Maybe he can sell his interest to the other two. If he is the only person liable for the loan, of course the Bank is not going to release him. Unless there is a contract making the others liable, he likely has no grounds to make them do anything. However, the situation should not be based on what the Bank says. Your husband should know exactly what the loan documents say if he is liable and he should have a copy. It is curious how he got in this situation (if, in fact, he owes money for a loan that his father transferred to 3 people). The first thing to do is review all the loan documents to see exactly what the situation is.


  2. As already suggested, the first thing should be to review the loan and title documents to determine what the situation actually is and what, if anything, that the title documents may provide as to payment obligations. When you indicate that the "bank is only coming after [your] husband", if they have brought a lawsuit, you should talk with an attorney to be sure to answer in a timely manner (generally 30 days after service) and to know your rights, defenses and options (including bankruptcy). If you have sufficient assets to be worried about a judgment, there may be other options to protect your husband's rights, including buying the loan and foreclosing the others out but that kind of strategy should be planned with legal counsel to be sure you do not make mistakes.

    Disclosure: This answer and any information contained in this answer is not intended to be treated as legal advice. It is for informational purposes to educate about legal issues. You should contact an attorney for specific legal advice for your situation. Specific legal advice based on full knowledge of your specific situation and all facts may differ from general information. This posting does not create an attorney-client relationship or privilege of any kind. This attorney actively licensed only in the State of Georgia. If this is a Georgia matter, you may of course contact me to discuss possible representation. FEEDBACK: Both AVVO and other readers are interested in your feedback on the quality of the answers. Please check the “thumbs up” symbol if you find an answer helpful.


  3. There is something missing in your question. Who put the original loan on the property? If it was your husband's father before he deeded the property, the bank has no legal right to come after your husband for the money. They probably could foreclose on the land, but only the person or persons that signed the note can be held liable for the payments. It would be very unusual for the bank to have loaned money to only one co-owner of the property. Get the loan documentation and find out what it says as to who signed the note. The fact that your father in law deeded the property and the bank has transferred the name on their computers to your husband does not make him personally liable on the debt. He could have assumed the debt and agreed to pay it after title was transferred, but if he did, there may be no right to go after the siblings and mother for contribution. Get the loan papers and have them reviewed by an attorney to help get the issues resolved.

    This answer is for general purposes only, and it does not create an attorney-client relationship.


  4. This situation is unusual (not unheard of), and there are any number of ways this issue could have arisen. The attorney who closed the loan for the bank could have made a mistake, and had only your husband sign the note and the security deed, neglecting to have his mom and sister sign, too. The good news for your husband, is that this greatly complicates matters for the bank, who cannot foreclose on your mother-in-law or sister-in-law's interest in the property. Bank COULD/CAN foreclose on your husband's interest, but then Bank would only own 1/3 of Land, and husband's mom and sister would continued to own 2/3 of Land. Not a good situation for the Bank or its title insurer. Your family should present a united front and offer to sell the Land (all of it) to the Bank, and split the net sales proceeds in thirds.

    This post is for marketing and informational purposes only. It is not intended to nor does it create an attorney-client relationship with the reader.

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