deed of trust vs warranty deed - Posted by mkim

Posted by BTI on October 23, 2007 at 11:28:54:

mkim

Time to get the lender involved. Sounds like they made a loan to you, secured by property you don’t own.

They can’t even foreclose based on the facts you presented, they have a unsecured loan to you, and your ex-boyfriend owns a free and clear house.

Time to check the lenders files and yours, before he evicts you and puts in a new tenant.

BTI

deed of trust vs warranty deed - Posted by mkim

Posted by mkim on October 22, 2007 at 12:02:01:

my boyfriend and i bought a house together and lived there for about 1 1/2 yrs. he moved out after we separated and i’ve been making the payments for the past 3 years. it has just come to light that his name is on the warranty deed and my name is on the deed of trust. and, now he’s not being very helpful in trying to resolve this issue. is there anything i can do to take him off the warranty deed and get myself on? thanks.

Re: deed of trust vs warranty deed - Posted by Rich-CA

Posted by Rich-CA on October 22, 2007 at 18:19:31:

You might want to contact the Lender. Sometimes they make mistakes and most loan packages have a Power of Attorney to correct errors, such as whose name is on Title. Is there a point when your name was on Title? Or was the deed filed by the lender and they goofed. Anyway, if it is a genuine mistake, they can clear it up.

Re: deed of trust vs warranty deed - Posted by Bill Jacobsen

Posted by Bill Jacobsen on October 22, 2007 at 13:15:06:

He currently has no incentive to want to resolve the issue because it is only an issue for you, not him. Get an attorney and do it soon. Each time you make a payment you are building equity in his name.

I am sure you have learned some lessons here and that the tuition does not turn out to be too expensive. Never take out a loan to buy someone else a piece of property no matter how much you love him. It should have been a clue when you had to take out the loan. Did he not have a job or did he have bad credit? Why was you name not on the the warranty deed? Next time you must live with someone, rent.

Bill

Re: deed of trust vs warranty deed - Posted by Ray Grace

Posted by Ray Grace on April 19, 2009 at 07:54:09:

I just bought a home and I signed a Deed Of Trust. I am now being asked to furnish a executed Warranty Deed or a Deed of Trust that has been recorded. Do purchaes of homes have both Warranty and Trust Deeds?
Next question…Will the recorded deed be sent to me by the applicable government agency (cour house)???

Re: deed of trust vs warranty deed - Posted by mkim

Posted by mkim on October 22, 2007 at 14:51:20:

he did have a job and really good credit. i’m not sure how it happened that only my name is on the deed of trust and only his is on the warranty deed. if i don’t make payment, does that mess up only my credit or is his in danger also? thanks.