Not on 1st or 2nd mortgage, not on title, not on any note, on security deed w/2nd mtg, am I liable or my ex?

My name only appears on the securtiy deed that the 2nd mortgage holder has. Don't even remember signing it or why I would have. My ex is on everything . . . am I still responsible? More specifically, the 2nd wants to foreclose on the property (which I do not reside at), and naming me in the foreclosure. I was unaware I was even tied into it until they sent the notice with my name addresses on it WITH my ex! Am I responsible for this debt? Am I facing having a foreclosure against me simply because I'm linked by a security deed . . . even though I am NOT on ANY note/finance docs or TITLE?

5 Answers

  • 1 decade ago
    Best Answer

    It depends on when he bought the home.....were you already married?


    Do you live in a community property state? If you do, then yes, community property includes homes.

  • 3 years ago

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  • 1 decade ago

    Not if you did not sign the notes. Most states require the spouse to sign the deed or mortgage due to marital rights laws. But if you are not on the promissary note you are not going to have a foreclosure on your credit- and are not responsible for payment.

    Source(s): 22 years mortgage business.
  • 1 decade ago


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  • 1 decade ago

    I would seek legal advice from an attorney, this question seems more about law

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