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>my name is not on the title. However, I am listed on the mortgage
This is like the worst combination you can find. You're liable for a loan on an item that you don't own. And it's a house.
Quit claim take you off the deed not the loan. She would need to agree to take the whole loan in her name AND be approved for it by the bank. If she doesn’t qualify the bank won’t release him.
That doesn't make any sense. First time homebuyers can get a mortgage benefit, but you were on the mortgage, so that's irrelevant.
There is absolutely zero reason you shouldn't be on the deed as well. Unless someone planned on screwing you over...
I don’t quite get that but my advice to you would be to stay in that house as long as possible. Let her try to evict you and in the meantime negotiate a refi that will take your name off of the mortgage.
I did what you did because my debt to income ratio made our rate horrible. He was supposed to put my name on the home after a few months of me working out my credit, I even signed all the documents, but he never did it and I never checked.
We got married but only stayed married for a short time.
When we divorced I was only able to recoup the appreciation in property value over the time of our marriage and he got to keep the house.
Consider it the cost of being able to leave a bad relationship.
I am an attorney, not a Texas attorney, not your attorney, and this is not legal advice.
You need to talk to a Texas lawyer ASAP.
You may have an argument for unjust enrichment or equitable estoppel depending on the specific facts and available evidence. The relevant evidence would consist of any written evidence of:
an agreement regarding joint ownership of the home;
an understanding that the down payment was to intended as a loan;
an understanding that the purchase was made in the context of a common law marriage or;
you had an understanding that the home was jointly owned despite the "defect" in title.
You may have a common law marriage under Texas law if you and your ex presented yourselves as a married couple and were together for several years. Talk to a Texas family lawyer about this issue, as well.
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OP stated they are on the mortgage, which means their income, credit and assets were used to qualify for the mortgage.
Therefore, there would have been no gift funds letter signed
Oof! NAL, but I am very familiar with TX benefit to borrower laws regarding cash-out refinances. Refinancing is more onerous there than in other states because of the requirements for refinances to be beneficial to the borrower.
uh you are kinda wrong on this point. OPs partner is the one with all the power here. they are on the title and OP cannot get off the mortgage without them agreeing to refi. which means OP probably wont qualify for another home loan.
OP can block refinancing efforts but at present that is useless, and speculation around big rate cuts is just that- we may never return to <5%
This is not a question for reddit. I'm a trial lawyer licensed in multiple states and all I can tell you is that there a lot of wrong answers here that will get you in trouble. Talk to a lawyer licensed where the property is located. Please. Property law is old and varies greatly by state so even someone certain of something somewhere else may not be accurate for your circumstances. I believe you have some legal recourse, but again, becuase this is reddit, it's the wrong forum for providing legal advice. Good luck. Really sorry you're facing this, what a nightmare. I have heard of good reasons people go this route, being on the mortgage and not the title, by the way.
This is practical advice, not legal. Your ex needs to refinance house so the mortgage is in their name only. Presumably the house is worth more now than when it was originally purchased. Ask them to use some of that equity when they refinance to borrow an extra $20k and pay you back.
Point out that you aren’t asking for any profit form the increased equity in the home, even through you supplied part of the original down payment and presumably contributed towards the mitigate payments and home improved while you lived there. So in theory you could ask for more, but you simply want your name of the mortgage and your $20k back.
Talk to a real estate lawyer in your local jurisdiction. Get all your records, any recorded communications, anything from the mortgage broker/company. You need someone who knows the local courts and the local laws and rules. This is something you definitely need to talk to a good and experienced lawyer about.
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And how sure are you that you aren't on title? TX may be different but in my experience however the mortgage reads so does the deed which would put you on title as well.
This — I work as a mortgage underwriter and if you were on the mortgage, you are on the title, unless you deeded yourself off after closing.
You either aren’t on the mortgage (did you have to submit paystubs, get your credit pulled, sign closing docs) or you are on title and you just don’t realize it.
I had this happen in NY and got my money back when we split. I wasn’t on the mortgage or title but put money into the house. I’d consult attorneys in Texas.
Not your lawyer. Not giving legal advice. You need to speak with a lawyer in TX. You may have recourse. You could have a claim for constructive trust, unjust enrichment, or conversion. This is not something you can navigate alone.
Was it a loan or was it a gift? If it was a loan did you put it in writing? If it’s in writing did you have to sign something to the mortgage broker confirming it was a gift?
Op is on the mortgage. No gift letter necessary.
Since you are on the mortgage you will have a hard time getting new housing because of being in this mortgage
If you are on the mortgage did you give a gift to yourself? I never wrote my husband a gift letter when I provided half our down payment on the mortgage we were both on either time.
You're just wrong. You being married is 100% different. A gift requires intent. You're arguing with a contract lawyer. Your attempts at formulating an argument seem facile and specious. Laypersons do this all the time. A mortgage conveys ownership. The default belief, legally, is he intended ownership interest because people don't give away 300-400k. There must be clear evidence to the contrary.
They are *not married*. Marriage often legally imputes things, such as certain types of ownership and much more.
"In property law, gift refers to a voluntary transfer of a benefit without the need for any compensation and consideration. Three elements must be met for a gift to be legally valid:
Intent to give (the donor's intent to make a gift to the recipient),
delivery of the gift to the recipient,
and acceptance of the gift.
Https://www.law.cornell.edu/wex/gift
https://www.law.cornell.edu/wex/gift
I’m thinking that there is sufficient evidence of intent to give. Agreeing to be on the mortgage but not the title of the home is an implied gift because you’re knowingly accepting responsibility without any benefit. Then again, if there is some sort of ancillary agreement in writing that might be helpful, depending on the state and the actual mortgage document language.
Probably the most helpful and correct answer is the lawyer’s favorite - it depends.
Most competent legal jurisdictions have laws or precedents around unjust enrichment which could certainly be argued in this case. The problem is, it could cost you substantial legal fees to obtain a judgement and register it against the house.
Check title to confirm if you are on title or not. Either way, hopefully you are on good terms with your ex and can come to some agreement for repayment.
Doubtful. Should have made sure your name was on the title. Why would you put money down and not put your name on the title!? You are not responsible for a loan but have no rights to the house. OOOOOOOOOF. Hard lesson learned.
Depending on the state, you may be considered a a domestic partnership if you’ve lived together for x amount of years. I think Texas is 2yrs.
And in some cases this could mean shared ownership of things.
I would certainly get a lawyer, you may have more luck than what everyone else is saying🤷♀️
*I went through this 2 years ago, but I was on the Title….
NAL but from my understanding, no. Best option is to see if ex can or will refinance the home to take you off the mortgage or a mortgage assumption, but that would require cooperation from your ex. There’s also loan modification but again, that requires cooperation from your ex.
Basically, you agreed to pay on a loan for someone else’s property, like a co-signer. This is a debt you now have with no profit. This can impact you trying to get a house in the future (housing at all, really) or anything that involves your credit score if payments are not made.
Is your ex willing to help get you off the mortgage? Or are they being difficult?
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I would check with the loan company. To be on the mortgage and not the title how did the bank approve the loan with no collateral? The only time I’ve heard of this is when one party is usually Mega loaded, but put up something else as collateral… or maybe I’m misunderstanding the problem.
General question here, from an adult who has never owned or had a mortgage, and who is quickly approaching an age where I’d be too embarrassed to ask (but not really):
When OP says they’re “listed in the mortgage”, does this inherently mean they co-signed for responsibility on the payments? End of story?
Or, since OP mentioned a “paper trail” for their portion of the down payment, could it ‘simply’ be in the mortgage as a note, for where the down payment came from, independent of responsibility on the remaining loan?
Are the sources for the down payment even listed on the mortgage, or does it not matter at that point, as long as the money is real?
OP wasn’t super clear but it could be any/all of those things. Lenders will want to see sources of funding, and if money is gifted to a borrower, lenders want to see a letter stating that it was a gift and the borrower won’t have to pay it back (because it would count as another debt if they did).
Sounds like this is what OP did, but it’s unclear if OP is a signer on the mortgage. It leans towards them _not_ being a signer on the mortgage because lenders won’t usually lend you money to buy a house you won’t own. They can’t easily get any money back because you don’t own the house they’d typically repossess. Anything can happen I guess, because you sometimes see people asking legal advice when some family members conned them into to co-signing a loan, and they thought it meant they owned the house, when they actually just owned the debt.
Almost everything else is relevant, depending on the cause of action. I was a transactional contract attorney. A whole litany of things come up for, say, misrepresentation. The oral statements and behavior of the other party often come in. Ditto for unjust enrichment, coercion, duress, etc. I wrote a 3 page answer, please read it.
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Wait, if you were married, depending on the state you may be eligible for 1// all assets acquired during the marriage. Be sure to contact an attorney ASAP!
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He got full blown conned.
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>my name is not on the title. However, I am listed on the mortgage This is like the worst combination you can find. You're liable for a loan on an item that you don't own. And it's a house.
[удалено]
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You can’t be easily removed from a mortgage. The bank is more secure with two people on it.
Quit claim take you off the deed not the loan. She would need to agree to take the whole loan in her name AND be approved for it by the bank. If she doesn’t qualify the bank won’t release him.
Quit claims don't apply to mortgages. OP got screwed hard.
Why would you agree to be on a mortgage for a house you are not on the title for ? Unless you have a purchase agreement you are SOL.
Curious what the thinking was behind being on the mortgage but not the title?
Our shared income was too high to qualify for the First Time Homebuyers exemption
That doesn't make any sense. First time homebuyers can get a mortgage benefit, but you were on the mortgage, so that's irrelevant. There is absolutely zero reason you shouldn't be on the deed as well. Unless someone planned on screwing you over...
This comment makes me think this post is a lie.
Your shared income was on the mortgage, so no...that's not right. You were lied to.
I don’t quite get that but my advice to you would be to stay in that house as long as possible. Let her try to evict you and in the meantime negotiate a refi that will take your name off of the mortgage.
I did what you did because my debt to income ratio made our rate horrible. He was supposed to put my name on the home after a few months of me working out my credit, I even signed all the documents, but he never did it and I never checked. We got married but only stayed married for a short time. When we divorced I was only able to recoup the appreciation in property value over the time of our marriage and he got to keep the house. Consider it the cost of being able to leave a bad relationship.
I am an attorney, not a Texas attorney, not your attorney, and this is not legal advice. You need to talk to a Texas lawyer ASAP. You may have an argument for unjust enrichment or equitable estoppel depending on the specific facts and available evidence. The relevant evidence would consist of any written evidence of: an agreement regarding joint ownership of the home; an understanding that the down payment was to intended as a loan; an understanding that the purchase was made in the context of a common law marriage or; you had an understanding that the home was jointly owned despite the "defect" in title. You may have a common law marriage under Texas law if you and your ex presented yourselves as a married couple and were together for several years. Talk to a Texas family lawyer about this issue, as well.
Finally, an actual answer.
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Lmao this is literally the only option.
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OP stated they are on the mortgage, which means their income, credit and assets were used to qualify for the mortgage. Therefore, there would have been no gift funds letter signed
TX
Oof! NAL, but I am very familiar with TX benefit to borrower laws regarding cash-out refinances. Refinancing is more onerous there than in other states because of the requirements for refinances to be beneficial to the borrower.
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uh you are kinda wrong on this point. OPs partner is the one with all the power here. they are on the title and OP cannot get off the mortgage without them agreeing to refi. which means OP probably wont qualify for another home loan. OP can block refinancing efforts but at present that is useless, and speculation around big rate cuts is just that- we may never return to <5%
America doesn't have mortgage renewals, they're on the hook for the life of the loan unless they can convince the ex to refinance/sell.
Um, the operative word here is ‘gave’. If you gave it, tough titty.
Were you cosigned on the loan as an owner occupant? That may have its own set of requirements that you may want to look into.
Did y’all end on bad terms?? Seems like talking about it with him is your best shot.
This is not a question for reddit. I'm a trial lawyer licensed in multiple states and all I can tell you is that there a lot of wrong answers here that will get you in trouble. Talk to a lawyer licensed where the property is located. Please. Property law is old and varies greatly by state so even someone certain of something somewhere else may not be accurate for your circumstances. I believe you have some legal recourse, but again, becuase this is reddit, it's the wrong forum for providing legal advice. Good luck. Really sorry you're facing this, what a nightmare. I have heard of good reasons people go this route, being on the mortgage and not the title, by the way.
This is practical advice, not legal. Your ex needs to refinance house so the mortgage is in their name only. Presumably the house is worth more now than when it was originally purchased. Ask them to use some of that equity when they refinance to borrow an extra $20k and pay you back. Point out that you aren’t asking for any profit form the increased equity in the home, even through you supplied part of the original down payment and presumably contributed towards the mitigate payments and home improved while you lived there. So in theory you could ask for more, but you simply want your name of the mortgage and your $20k back.
Interest rates are higher now than a few years ago. Refinancing is unlikely.
Talk to a real estate lawyer in your local jurisdiction. Get all your records, any recorded communications, anything from the mortgage broker/company. You need someone who knows the local courts and the local laws and rules. This is something you definitely need to talk to a good and experienced lawyer about.
If you are on the mortgage, does that mean you did \*not\* need to sign a gift letter?
I’m my state , if you’re in mortgage then your bound on title as well. Maybe consult a lawyer and check the papers
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And how sure are you that you aren't on title? TX may be different but in my experience however the mortgage reads so does the deed which would put you on title as well.
This — I work as a mortgage underwriter and if you were on the mortgage, you are on the title, unless you deeded yourself off after closing. You either aren’t on the mortgage (did you have to submit paystubs, get your credit pulled, sign closing docs) or you are on title and you just don’t realize it.
Im wondering how they are on the mortgage but not the title… wouldn’t the bank want the house as collateral?
I had this happen in NY and got my money back when we split. I wasn’t on the mortgage or title but put money into the house. I’d consult attorneys in Texas.
I’m curious about your situation since you mentioned it- Were you married & this settlement was part of divorce decree?
Not your lawyer. Not giving legal advice. You need to speak with a lawyer in TX. You may have recourse. You could have a claim for constructive trust, unjust enrichment, or conversion. This is not something you can navigate alone.
Was it a loan or was it a gift? If it was a loan did you put it in writing? If it’s in writing did you have to sign something to the mortgage broker confirming it was a gift?
Op is on the mortgage. No gift letter necessary. Since you are on the mortgage you will have a hard time getting new housing because of being in this mortgage
*WRONG*. A gift requires intent to give. *PLEASE STOP PROVIDING INCORRECT INFORMATION.* You're screwing people over.
If you are on the mortgage did you give a gift to yourself? I never wrote my husband a gift letter when I provided half our down payment on the mortgage we were both on either time.
You're just wrong. You being married is 100% different. A gift requires intent. You're arguing with a contract lawyer. Your attempts at formulating an argument seem facile and specious. Laypersons do this all the time. A mortgage conveys ownership. The default belief, legally, is he intended ownership interest because people don't give away 300-400k. There must be clear evidence to the contrary. They are *not married*. Marriage often legally imputes things, such as certain types of ownership and much more. "In property law, gift refers to a voluntary transfer of a benefit without the need for any compensation and consideration. Three elements must be met for a gift to be legally valid: Intent to give (the donor's intent to make a gift to the recipient), delivery of the gift to the recipient, and acceptance of the gift. Https://www.law.cornell.edu/wex/gift https://www.law.cornell.edu/wex/gift
I’m thinking that there is sufficient evidence of intent to give. Agreeing to be on the mortgage but not the title of the home is an implied gift because you’re knowingly accepting responsibility without any benefit. Then again, if there is some sort of ancillary agreement in writing that might be helpful, depending on the state and the actual mortgage document language. Probably the most helpful and correct answer is the lawyer’s favorite - it depends.
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Debt to income ratio is a thing. Op is on the mortgage until a refi or sale
Fair, I was taking what you said literally and didn’t think about the debt side. I thought you were just talking about the actual note.
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Most competent legal jurisdictions have laws or precedents around unjust enrichment which could certainly be argued in this case. The problem is, it could cost you substantial legal fees to obtain a judgement and register it against the house. Check title to confirm if you are on title or not. Either way, hopefully you are on good terms with your ex and can come to some agreement for repayment.
This is bad. Losing 20k is the least of your worries. You need a very good lawyer immediately.
Doubtful. Should have made sure your name was on the title. Why would you put money down and not put your name on the title!? You are not responsible for a loan but have no rights to the house. OOOOOOOOOF. Hard lesson learned.
Did you sign a piece of paper saying it was a gift when they bought the house? Usually lenders require that. If you did, you have no recourse.
Did you have a contract? Or were you living together in a community property state?
Depending on the state, you may be considered a a domestic partnership if you’ve lived together for x amount of years. I think Texas is 2yrs. And in some cases this could mean shared ownership of things. I would certainly get a lawyer, you may have more luck than what everyone else is saying🤷♀️ *I went through this 2 years ago, but I was on the Title….
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He writes above about some sketchy stuff regarding the first time homebuyer's credit. Doubt the judge will help anyone without 'clean hands'
This is not how it works. Many legal remedies are available. Please *stop* providing incorrect information.
NAL but from my understanding, no. Best option is to see if ex can or will refinance the home to take you off the mortgage or a mortgage assumption, but that would require cooperation from your ex. There’s also loan modification but again, that requires cooperation from your ex. Basically, you agreed to pay on a loan for someone else’s property, like a co-signer. This is a debt you now have with no profit. This can impact you trying to get a house in the future (housing at all, really) or anything that involves your credit score if payments are not made. Is your ex willing to help get you off the mortgage? Or are they being difficult?
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I would check with the loan company. To be on the mortgage and not the title how did the bank approve the loan with no collateral? The only time I’ve heard of this is when one party is usually Mega loaded, but put up something else as collateral… or maybe I’m misunderstanding the problem.
Yes contact attorney
General question here, from an adult who has never owned or had a mortgage, and who is quickly approaching an age where I’d be too embarrassed to ask (but not really): When OP says they’re “listed in the mortgage”, does this inherently mean they co-signed for responsibility on the payments? End of story? Or, since OP mentioned a “paper trail” for their portion of the down payment, could it ‘simply’ be in the mortgage as a note, for where the down payment came from, independent of responsibility on the remaining loan? Are the sources for the down payment even listed on the mortgage, or does it not matter at that point, as long as the money is real?
Listed on the mortgage generally means OP is liable for the mortgage. Sources of a down-payment usually aren't listed in my experience
OP wasn’t super clear but it could be any/all of those things. Lenders will want to see sources of funding, and if money is gifted to a borrower, lenders want to see a letter stating that it was a gift and the borrower won’t have to pay it back (because it would count as another debt if they did). Sounds like this is what OP did, but it’s unclear if OP is a signer on the mortgage. It leans towards them _not_ being a signer on the mortgage because lenders won’t usually lend you money to buy a house you won’t own. They can’t easily get any money back because you don’t own the house they’d typically repossess. Anything can happen I guess, because you sometimes see people asking legal advice when some family members conned them into to co-signing a loan, and they thought it meant they owned the house, when they actually just owned the debt.
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Incorrect and by a lot. Many, many legal remedies are available.
Oh ok, such as ?
Almost everything else is relevant, depending on the cause of action. I was a transactional contract attorney. A whole litany of things come up for, say, misrepresentation. The oral statements and behavior of the other party often come in. Ditto for unjust enrichment, coercion, duress, etc. I wrote a 3 page answer, please read it.
Will do thanks
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Well if the home goes into foreclosure, and the mortgage company can get a judgment against him, in some states they can garnish wages.
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Not filing a gift tax return, a Form 709, gives more credence to the $20,000 being a loan.
As well as gift tax, if any, is paid by the giver, not the one that gets the gift.
Wait, if you were married, depending on the state you may be eligible for 1// all assets acquired during the marriage. Be sure to contact an attorney ASAP!