If My Name Is On The Deed But Not The Mortgage Can I Refinance?

If My Name Is On The Deed But Not The Mortgage Can I Refinance

If my name is on the deed but not the mortgage can I refinance?

In this article, you’ll learn about: 

  • can you refinance if your name is on the deed, but not the mortgage
  • how to refinance a house when your name is not on the mortgage
  • if your name is on the deed, do you own the property
  • what are your rights if your name is on the deed

Let’s dig in. 

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If My Name Is On The Deed But Not The Mortgage Can I Refinance?

Yes, you can refinance a home if your name is on the deed but not on the mortgage. 

However, it could be more complex than a typical refinance.

Here’s why it’s harder to refinance when your name is not on the mortgage:

  • Deed Ownership: Being on the deed means you legally own the property or a share of it. This gives you the right to sell, lease, and refinance the property as you wish.
  • Mortgage Responsibility: Not being on the mortgage means you aren’t legally responsible for paying the mortgage. The person or people whose names are on the mortgage are the ones who owe the lender money.

When refinancing, you are essentially taking out a new loan to pay off the current mortgage. 

This typically requires the approval of everyone whose names are on the deed and the mortgage.

If you’re not on the mortgage, and the person or people who are don’t want to refinance, you might have some trouble. 

They may not be willing to let you refinance the home because they:

  • don’t want their credit scores and finances scrutinized,
  • might not qualify for a refinance

If the other parties agree, then you can move forward. 

You’ll need to apply for the refinance in your own name. 

You’ll need to meet the lender’s credit, income, and equity requirements, just like any other borrower. 

Keep in mind that refinancing a mortgage often requires:

  • an appraisal
  • a credit check
  • income verification
  • potentially other underwriting processes

Read More: Do You Need A Lawyer To Remove A Name From A Deed?

How To Refinance When Your Name Is On The Deed, But Not The Mortgage

Let’s say your name is on the deed but not on the mortgage and you want to refinance the home.

Here are the general steps you would need to follow:

  • Obtain Consent: Since you’re not on the mortgage, you will need to get the consent of the person who is, since the existing mortgage needs to be paid off with the refinance loan. If they are not willing to do this, then you won’t be able to proceed.
  • Check Your Credit Score: Check your credit score to ensure that it meets the lender’s requirements for refinancing. A higher credit score generally leads to better interest rates.
  • Gather Required Documentation: This will include your income proof, bank statements, tax returns, and anything else that a potential lender would need to verify your income and your ability to repay the new loan.
  • Apply For The Loan: You can approach either the current mortgage lender or any other lender to apply for a refinance loan. Compare rates and terms from different lenders to ensure you get the best possible deal.
  • Undergo Underwriting Process: The lender will then process your application, which will include verifying your income, credit history, and the value of your property. This often involves a property appraisal.
  • Approval and Closing: If approved, you’ll move towards closing. This will involve paying off the old mortgage with the new loan, signing new loan documents, and possibly paying closing costs, which can often be rolled into the new loan.
  • Register New Mortgage: The new loan will need to be registered with your local registry of deeds or a similar government office, which the lender or a title company will typically handle.

Read More: Tax Implications Of Adding Spouse To Deed

FAQs About Refinancing When Your Name Is On The Deed, But Not The Mortgage

Here are the most common questions clients ask us about refinancing when their name is on the deed, but not the mortgage. 

If My Name Is On The Deed Do I Own The Property?

Yes, if your name is on the deed, you own the property

The deed is a legal document that proves ownership. 

It states who owns the property and their ownership type.

You might share ownership with others if their names are also on the deed. 

Remember, owning the property doesn’t mean you’re financially responsible for the mortgage unless your name is on the mortgage as well.

Read More: Can Someone Sell A House If Your Name Is On The Deed?

What Are My Rights If My Name Is On A Deed But Not The Mortgage?

Here are your rights if your name is on the deed, but not the mortgage:

  • Ownership Rights: Your name on the deed means you are a legal owner. You have the right to live in the home, rent it out, sell your share, or even refinance it.
  • Sale Proceeds: If the home is sold, you have the right to your share of the proceeds based on your percentage of ownership.
  • Decision-Making: You have the right to participate in major decisions regarding the property, like selling or refinancing. Other owners cannot make these decisions without your consent.
  • No Mortgage Liability: Since your name is not on the mortgage, you’re not personally liable for the debt. The lender can’t come after your personal assets if the mortgage isn’t paid.
  • Foreclosure Risk: Even though you’re not liable for the mortgage, if it isn’t paid, the lender can foreclose. This can force the sale of the home, impacting your ownership rights.
  • Equity Control: You have control over your equity in the home. You can borrow against it or use it as collateral, subject to any limitations in the mortgage.
  • Tax Responsibilities: As an owner, you may be responsible for property taxes and can usually claim tax benefits related to property ownership, like deductions for property taxes or mortgage interest, if applicable.
  • Maintenance And Improvements: You have the right to maintain and improve the property. However, you should coordinate with other owners to avoid disputes.

Read More: What Are My Rights If My Name Is Not On A Deed But Married

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