Foreclosure

questions & answers

Question: If my spouse bought a home that is most likely going into foreclosure. I was not involved in any way for the purchase of this property nor am I on the title. I do however pay the mortgage on this property. If this goes to foreclosure, can the lender come after me for any reason?

Answer:

You may want to speak with an attorney to give him or her the specifics of your situation and find out how the mortgage effects you. This answer provides general information only:

Generally, in Arizona, if a spouse  (i.e Husband) purchases property alone, meaning the other spouse (i.e. Wife) is not on the deed, and is not on the mortgage, the mortgage company cannot look to the other spouse (i.e. Wife) to satisfy the debt.  Again, this is the general rule. You may want to speak with an attorney to confirm whether your situation falls into this category.  [See, ARS § 25-214(C) ].

QUESTIONS

  • If my spouse bought a home that is most likely going into foreclosure. I was not involved in any way for the purchase of this property nor am I on the title. I do however pay the mortgage on this property. If this goes to foreclosure, can the lender come after me for any reason?

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