If you are signing a mortgage and you are responsble for the mortgage and note, and your spouse or significant other is on the title, your spouse or significant other could be responsible for the bill, should something happen to you.  Always avoid having someone sign the mortgage who is not responsible for the debt.

Several years ago, I experienced a certain situation where a builder client had borrowed from a certain bank and he thought he was solely responsible for the debt.  This builder went bankrupt, and the bank tried to go after his spouse because of a small, unnoticeable clause within the mortgage legal jargon.  His spouse was not on the loan but had signed the mortgage, NOT the note.

I was recently at a closing where the buyer was getting his girfriend on the title.  I made reference to this rule and the closing attorney looked flabbergasted.  He said I was right and changed the way the closing was handled.

BE VERY CAREFUL WHEN SIGNING MORTGAGE DOCUMENTS AT CLOSING.  ASK YOUR CLOSING ATTORNEY ABOUT "FISH NET CLAUSE" OR "DRAG NET CLAUSE" WITHIN THE LEGAL DOCUMENTS.

 

2 Comments on Buyers Beware! "Drag Net" Clauses in Mortgages.

AUG
04
2007
4 Featured Posts
I could not agree more.  Just yesterday, I had a client who did not understand why his credit was ruined.  When I pulled his credit report, I found out that he had a mortgage in his name.  When I dug deeper with the client, he told me that this was a joint debt with him and his ex-wife and through the divorce, she was awarded the house.  Well the EX was 3 months behind on the payment and was facing a foreclosure.  He did not realize that he was still responsible for the debt.  I then had to give him the advice that he needed to go back to his exwife and work to get that loan paid off.  Based on this, I was not able to qualify him for the home loan. 
9:38am • #1
AUG
05
2007
861,946 Points 68 Featured Posts Outside Blog

Wow! This is something that I am going to have to watch out for, this is something that we see on a regular basis.

12:42pm • #2

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Todd Murphy

Tuscaloosa, AL

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Todd Murphy State Farm Agent

Address: 4705 McFarland Blvd., Ste. 4, Northport, AL, 35476

Office Phone: (205) 339-8003

Cell Phone: (205) 246-6839

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