If a Home is Owned Jointly and One Person Takes Out a Mortgage That Goes Unpaid, Can the Lender Foreclose on the Entire House?

If payments are missed on a loan that is secured by a mortgage, the lender secured for the mortgage can file a foreclosure action. But the language of the title and the mortgage documents are critical to how the lender may proceed.

The way title to the property securing the loan is outlined and the terms written in the mortgage documents will determine the lender’s rights.

If the mortgage was secured using only one owner’s interest in the property (i.e. the father’s interest), then the lender can initiate a foreclosure action and attempt to sell the 1/2 interest in the home only.

Otherwise, the lender can proceed against the property in its entirety.