He got behind on his payments with Countrywide and got a loan (2nd mortgage) from HUD in August 1999. He sold the house in September 2002. Prior to selling, the title company that the buyer used had her sign a notarized letter that stated that she was aware that Countrywide recorded a second trust of $9891 in Aug 1999. The title company claimed in the letter that neither HUD or Countrywide had any record or requirement for repayment of this amount.The letter ended stating that she, the buyer would be liable for any all fees relating to this situation.The house was sold and put in her name and 5 years later my husband receives a letter from a collection agency stating he owed this amount. He faxed them the notarized letter.HUD stated that they could not collect the money from the current owner because they did not have a contract with her. They still put a lien on her house and they garnished my husband's taxes last year. Is my husband liable? If not, what can we do? Title co. gone
An attorney is who you need to speak with. But, my not-so-expert response is that yes, it sounds like your husband took out the loan against the house, right? If it was not repaid, then the debt still exists, against both your husband and the house. Without reading the letter, I am confused as to whether it was a loan assumption of sorts or if the letter was simply an exclusion on a title policy.
But, even if your husband believes that the buyer is responsible for the debt, I don't think that takes him off the hook. He MAY have some sort of claim to the house if he has to pay it, assuming that the paperwork really did mean she was responsible for the debt.
It's rather complex, and an attorney does need to get involved. Start by calling the person that did your settlement to make sure you really understand the intent of the paperwork and type of transaction. That attorney may be able to assist you further or refer you to someone else.
Wow Asha this is a tough one....Lisa is absolutely correct in seeking advice from a real estate attorney. I do know that the buyer has no liability concerning liens that the seller may have had on the property prior to the purchase...So technically speaking it's not the buyers bill to eat....However try contacting the title insurance company, they may have a stake in this claim....Hope this helps, an attorney would certainly be your best bet...Best of luck to you on this one....I"d love to know how this pans out for you, please keep us posted.
Asha,
You absolutely need to speak to a real estate attorney. Agents are not legal experts. Best of luck!
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