Foreclosure in 48170>Question Details

Llg815, Home Owner in 48170

MY EX HUSBAND GOT OUR HOUSE IN THE DIVORCE,HAS STAYED 2-3 MONTHS BEHIND ON THE MORTAGE FOR ALMOST 2YRS,IF THEY FORCLOSE WHAT RIGHTS DO I HAVE

Asked by Llg815, 48170 Sat Jun 30, 2012

I AM STILL NAMED PRIMARY ON THE MORTAGE

Help the community by answering this question:

Answers

6
You need to contact you divore attorney to review you divorce decree. I am not an attorney so this is not legal advice. Did the decree say that he was to make the payments? Did the decree spell out what would happen if he did not? Did the decree give you the right to market and dispose of the property if he failed to keep current on the mortgage?

I have run into people where they have a divorce and need to short sell the property, However a quit claim deed has been signed and the damaged party has no rights to the property. Good luck and I hope everything works out.
0 votes Thank Flag Link Sun Jul 1, 2012
Consulting an Attorney is key. However if your husband "got the house" would assume you were taken off the deed and Mortgage. Please follow through ASAP
0 votes Thank Flag Link Sun Jul 1, 2012
Contact an attorney immediately.
0 votes Thank Flag Link Sun Jul 1, 2012
I'm not sure how the court system works in this situation, but I would really suggest consulting a real estate attorney!
0 votes Thank Flag Link Sat Jun 30, 2012
You're screwed. Your options are to allow it to happen which will ruin your credit or keep the payments up to date or sell it to get you off the loan. Obviously he can not refinance with just his name on it. Are you even on the deed still or just the loan?
0 votes Thank Flag Link Sat Jun 30, 2012
Hello,

Is his name also on the mortgage or is it just yours? If it is ONLY your name on the mortgage, all I can say is "How did that happen?" because that is NOT a good thing.Being behind on the mortgage for the past two years is impacting your credit report and scores. That is hurting you and you don't even have control of it.

As far as "what rights do you have" if it goes to a foreclosure, really none. Once it goes to the Sheriff Sale, you have a 6 month redemption to reclaim your home, and pay all the back owing payments in order to do so. The banks can come after you for the deficiency if they choose to, after all you are the primary. Why does he care if he's paying late, you're the one being hurt. Did you have legal representation for this divorce? I can't believe a lawyer would not address that issue.

It's too late now, but see if you can get the ex to refinance the home JUST under his name. If there is equity in the home, he may have a chance even with all the late payments, but most likely it sounds like he may not be able too. The bottom line is, do what you can to get your name off of the mortgage.

If you can't, then go speak with a lawyer about what you can do in case the home eventually goes to foreclosure. It is better to be prepared, than surprised and unprepared when it happens.

I hope this helps a bit,

Thank you,

HAIG
Elias Realty
(248) 379-6547
realtorhaig@aol.com
0 votes Thank Flag Link Sat Jun 30, 2012
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2014 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer