Thursday, January 05, 2012

lingo for a non-borrower co-mortgagor

This is the language we add in mortgages when there is a vested owner who is not a borrower on the loan:

The co-mortgagor, _____, has an ownership interest in the real property described herein and has joined in this Security Instrument for the sole purpose of validating the lien.  Said co-mortgagor is NOT a Borrower on the Promissory Note referenced in this Instrument and his joinder in this Security Instrument shall not affect the terms of said Note.


We change it slightly when the interest is only marital.  Having this language in the mortgage is preferred to using a separate spousal waiver - at least in my view.  It's more easily connected to the mortgage and likely to be discovered in a foreclosure title search.

The co-mortgagor, _____, has a marital interest in the real property described herein and has joined in this Security Instrument for the sole purpose of validating the lien.  Said co-mortgagor is NOT a Borrower on the Promissory Note referenced in this Instrument and his joinder in this Security Instrument shall not affect the terms of said Note.

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