Lerona, WV asked in Foreclosure and Real Estate Law for South Carolina

Q: my husband has a mortgage in his name only in sc. Am i responsible for the mortgAGE if he defaults on the loan

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1 Lawyer Answer
D. Nathan Davis
D. Nathan Davis
  • Consumer Law Lawyer
  • Licensed in South Carolina

A: The real issue is whether you are on the note or guaranteed the loan. If you did agree to be liable for the debt, then, you would be liable. Usually, if a spouse is not on the mortgage they are not on the note or otherwise guaranteed the loan.

Of course, in any foreclosure, the lender will first have to sell the property and only if there is money still owing after the real property is sold will the issue of liability for any portion of the debt be established.

You need to speak with an attorney to receive advice as to your situation as I can only make generalized statements without knowledge of what documents you may have signed.

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