Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My husband owns a home in Lowell Ma, and he is the only

Customer Question
person on the mortgage loan...
My husband owns a home in Lowell Ma, and he is the only person on the mortgage loan. He bought it before we met. He may have to foreclose on the loan. Together we just bought a house in Florida, both of us are on the loan. I also own a home in NH and I am the only one on the loan. Can the banks come after me or my property, or the house in Florida we own together?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
2/15/2016
Real Estate Lawyer: Loren, Lawyer replied 2 years ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,299
Experience: 30 years of real estate practice experience.
Verified

Good evening. I am Loren, a licensed attorney and I look forward to assisting you.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 2 years ago

Has your husband spoken to the bank about the possibility of negotiating a deed in lieu of foreclosure or a short sale?

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
No
Real Estate Lawyer: Loren, Lawyer replied 2 years ago

Thank you for the additional information.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 2 years ago

You individually owned property is not subject to attachment for your husband's debt. Additionally, Florida law is very creditor unfriendly. So, it is unlikely that property is at risk either.

Your husband should make contact with the lender if his position becomes untenable. If the bank will accept a deed in lieu he will be released from any further liability.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 2 years ago

Are you online with me?

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 2 years ago

Did you have further questions? Have I answered your question?

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 2 years ago

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,299
39,299 Satisfied Customers
Experience: 30 years of real estate practice experience.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
My husband bought a condo prior to our marriage. We want to
My husband bought a condo prior to our marriage. We want to ensure that I am able to live in the condo in the event of his death. We do not own the condo, we are still paying the mortgage. How do we e… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My husband and I got a 2nd loan on our house but my name is
My husband and I got a 2nd loan on our house but my name is ***** ***** title, only on the loan. Is this possible? We are going through a divorce and I want my name removed from the loan. Value went d… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,216 satisfied customers
I am co- owner of a home in Florida with my ex husband which
I am co- owner of a home in Florida with my ex husband which for 2 years now he hasn't been able to refinance the house to get my name off the mortgage. I now live in Illinois with my boyfriend and we… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I purchased a home with my husband in 1996. In Dec 2009, we
I purchased a home with my husband in 1996. In Dec 2009, we divorced and I gave him the home, but he had 11 months to refinance our loan (to remove my name) or sell the house -- he did neither. In Aug… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My husband and I own property in by tenancy by the entireties.
My husband and I own property in ky by tenancy by the entireties. We still owe our builder $54,000, only 3 months past due. Only my husband signed the contract with the builder as purchaser, so we ass… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
How would it affect a spouse if partner will foreclose on 2
How would it affect a spouse if partner will foreclose on 2 properties in florida purchased prior to marriage and spouse is not on the mortgage loan nor on the title? The man makes over 200 thousands/… read more
Loren
Loren
Lawyer
39,299 satisfied customers
We live in Massachusetts. Because of a previous divorce, we
We live in Massachusetts. Because of a previous divorce, we "own" a property in Pennsylvania, which is underwater by probably $50,000. The house is in my wife's and her ex-husband's name. The ex-husba… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
We own a house in an hoa in P.A. We have an equity loan on
We own a house in an hoa in P.A. We have an equity loan on it , it is the second lean. We have a private mortage with an idivdual. The dues and payments are killing us every month. Even if we sell it … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I live in Colorado. I lost my job in September and my husband
I live in Colorado. I lost my job in September and my husband and I are separated. My husband recently bought a new house when he moved out. The house that we lived in is in my name and I still live t… read more
Lawgirl
Lawgirl
Founder
Doctoral Degree
4,606 satisfied customers
About 5-6 years ago I quitclaimed the deed on our property
About 5-6 years ago I quitclaimed the deed on our property to my exhusband with the "verbal" agreement He would maintain the payments on our home loan which is soley in my name. He is now 4 payments b… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,911 satisfied customers
my husband took out a home equity loan with out my knowleg
my husband took out a home equity loan with out my knowleg and my name is XXXXX XXXXX any loan papers. however the house was in both names and he is deceased. am i responsabled for the loan?… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,911 satisfied customers
I am about to purchase a new house with my girlfriend. We
I am about to purchase a new house with my girlfriend. We both have perfect credit. I already have an existing mortgage, only in my name, for the house we currently live in. We are looking to purchase… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
Our home is in danger of foreclosure. The mortgage is in my
Our home is in danger of foreclosure. The mortgage is in my husband's name, however, the title is in both our names. My husband has a home in another city (his mother lives in it). I have property in … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Home mortgage is my husbands name (he passed away in May 2009)
Home mortgage is my husbands name (he passed away in May 2009) I am listed on the deed of trust. We are upside downer on the home, interest only loan, owe $283,000, bought for $350,000, comps today at… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
my father got a 15 year mortgage on his home in tn. he passed
my father got a 15 year mortgage on his home in tn. he passed away after 2 yrs there was money in the checking acct that they(bank) took out the biweekly payments when the money ran out i made 2 depos… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I live in maryland and purchased a home with an ex-boyfriend.
I live in maryland and purchased a home with an ex-boyfriend. We took out a first and second mortgage when we brought the property to avoid paying mortage insurance. Shortly after moving in, we split … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
my question is complicated my girlfriend of 10 years and i
my question is complicated my girlfriend of 10 years and i own a home together in tn that we are about to go 30 days late because i recently lost my job she had a home in florida in her name only that… read more
GoLaw
GoLaw
Doctoral Degree
751 satisfied customers
My Brother and I bought a home in 2003. I borrowed some ...
My Brother and I bought a home in 2003. I borrowed some money as an home equity loan and my husband( who is not on the title of the loan) co-signed. We are now living in our new home and my brother re… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x