If my name is on a Deed of Trust but not on the Note of a mortgage, can I take over the Note if my domestic partner walks away from the home?

Question

If my name is on a Deed of Trust but not on the Note of a mortgage, can I take over the Note if my domestic partner walks away from the home?

Answer

The reason that you are on the Deed of Trust is because you have homestead rights that the lender would foreclose on if the note is in default. Although you are not on the note, the lender should allow you to assume the obligation. Be sure your domestic partner deeds you his or her interest in the property to protect your interest should you continue to make the payments.