Paying the Mortgage But Not on the Deed or Loan

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If someone is paying the mortgage on a property but is not on the loan or the title, do they have any legal rights to the property?


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If you are the person who isn’t on title, isn’t on the mortgage and is making payments on the house, the best answer I can give you is “ see a lawyer.” Beyond that, the answer is, probably not. Unless there is some kind of written agreement with the person who owns the property which grants a security interest in the property in exchange for the monies lent, this would likely be considered an unsecured debt — if can be proven that there is some kind of debtor-creditor relationship in the first place.

Since you’re asking whether the person making the payments has any legal rights in the property, it sounds like that person has made quite a few payments amounting to a large sum of money. That being the case, your question wonderfully illustrates why anyone engages in a transaction like the one you describe and who expects to be repaid should seek the advice of an attorney.

Answered over 6 years ago

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