Unfortanately there is no simple yes or no to your answer. If you have already retained an attorney for your divorce, they should be able to assist you with this rather easily. If you have not and want to handle it yourself. You will need your husbands assistance in notifying the bank, letting them know your situation and assign the mortgage, add you to the mortgage or give you a new mortgage. If it is in foreclosure your time is limited so do not delay. You could also try a short sale where your husband would sell you the property at an amount less than he owes, but time is limited. If you would like some help with a short sale please let me know. Good luck with working things out.

I would discuss this matter with a real estate attorney and his lender. Who's name is on the note? Title? You may be able to work with the lender on this, but as others have mentioned, the time to act is now and now when the foreclosure process has already begun... I wish you all the best with this.

You and everyone else investors go to auctions, so they are more likely to have cash in hand and ready to buy at the auction. ... You really should do something now. It depends if this is a judicial or non judicial foreclosure the value of your home and how many liens you have.

Negotiating with your lender ahead of time is really your best answer. You will have to bid with cash at the auction. If no one else bids it goes to the lender who foreclosed.

If I were you I could contact an attorney who does loan modifications. if your husband is not paying the loan then maybe you can assume it if you have means to pay it on your own. you will need to qualify for the loan.

JoAnna Jensen
Realtor Legal Assistant
Volo Law
925 699 5041

The quick answer is "yes." However, your situation is complicated and raises more questions then answers. Also, there may be other ways to transfer the property from him to you that would be less messy, such as a Quit Claim Refinance.

I would be happy to spend some time with you on the phone to discuss your options.