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First you did not sign the promissory note you are not responsible or obligated to pay the payments. However if the payments are not made then the property will be foreclosed and ultimately sold. Thus your rights to stay in the home will someday be cutoff. If you do not desire to try to keep the property you can move out and let it go to foreclosure.
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And your Mother signed both the note and the mortgage and her name alone is on the deed, correct? The deed evidences ownership of the property. The mortgage is a promise to pledge the property as collateral, but it can only pledge what your ownership interest is in the property. The note is a promise to a lender to pay back a debt.
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In the event of default in payment of the note, the lender can foreclose on the home and sell it. The mortgage or deed of trust must be signed by all those in title to the property. If you and your husband own your home jointly, you were required to sign the mortgage, even if you did not sign the note.
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If you didn’t sign the note as a borrower, you have no financial liability to the lender. You are being sued for your title ownership interest, not for money damages. You can quit claim your interest, but doc stamp taxes would be due on that transfer because of the mortgage balance.
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