My mother has fallen under hardship and can no longer afford her mortgage payment. The realtor has a solution of refinancing under my name to have the mortgage come down to a more affordable price. Only issue is my mothers husband whom she is unhappy with still lives here (rent free or without contributing to expenses). Am I legally allowed to evict him once my name is on the title of ownership?
In the US, a house Title determines ownership, the name on the mortgage determines who owes the bank money. But a new mortgage will need the title holder to be on the document, because you cannot use someone else's real property as collateral.
As to who can evict someone, it's the property owner, not the mortgage holder.