Can they take the house?????

[JanetTat2Vixon6]

What is the name of your state? NY

My fiance and I are transferring his mother's current mortgage over to us. However, her last house (about 8 years ago) she had him co-sign for it and she lost that house (repossession). That bank told my fiance that any house he tries to buy they will go after. What if both of our names are on this new house, can they still try to come after it? It is a private mortgage so will it show up on his credit any way, will they even know he owns it? Thanks!

 

[ihatearizona]

The only legal way the could come after your home is if they had a judgment. Did they receive a judgment on your fiance?

 

[JanetTat2Vixon6]

I don't think so... but he is the type of guy who never saves any paperwork so who knows. I told him we need to get a copy of his credit report to be sure. I just didn't know if my name was on it to if they could take it if it was 1/2 mine.

 

[ihatearizona]

There are several on-line sites where you might be able to look to see if you or your fiance have a judgment filed against you. Try searching under the county that you live in. You might also call the county Superior court to see if they have any information on a judgment.

As for the house being taken if your name is on the deed: Unfortunately, they can force the sale of the house if your equity is over what NY allows. Even if your name is on the title, they can force the sale to receive what they are owed.