Ruckersville, VA asked in Real Estate Law for Virginia

Q: My husband and I divorced in March 2019. In Sep 2019 he passed away. Prior to his death he had signed a pocket deed.

Giving the property to me. The mortgage for the property was in his name. What happens if I stop making mortgage payments. My name is not on the mortgage, but is on the deed.

Thank you,

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Potomac, MD
  • Licensed in Virginia

A: If there is a valid mortgage lien on the property and the loan isn't paid, the lender will foreclose its equity. If you were not on title and of record before the mortgage recording, their claim would be unaffected by you. You might be entitled to the excess after foreclosure, if there is any, and you won't be liable for any shortfall on the note unless you are for some reason probably arising from the marriage or the divorce settlement. It's probably a good idea to review the actual situation with a lawyer. If you present the title search and the unrecorded note before the consult, the consult shouldn't take long.

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