If a house is quit claim deeded to someone, and the mortgage is in another persons name, can it be forclosed u

Question

had the house quit claimed deeded to me through divorce process. Ex-husband still has mortgage in his name only. Not making mortgage payments. Can it be forclosed on?

Answer 1

Yes it can. He can't give you more of the house than he owned, and he only owned the equity in it. The mortgage company owns the rest, and now they want it back.

Answer 2

Quit claiming a property to someone does not stop a foreclosure.

The person on title and the person on the note could be two different people.

The lender will foreclose on the property if the mortgage is not current or there is no agreement to bring it current with the lender.

So quit claiming a property to someone else will not prevent a foreclosure.

I hope this has been of some use to you, good luck.

"FIGHT ON"

Answer 3

Yes, absolutely.

You are either going to have to pay the mortgage yourself, in order to keep living there, or get the ex to pay off the mortgage company.

A property that is mortgaged cannot be disposed of without paying the mortgage off. You were a party to the change of deed, so you and your ex are still liable to the mortgage company. Moreover, you could be liable to prosecution for accepting the deed when you knew the place was mortgaged. Your ex is liable for disposing of mortgaged property in civil court, and possibly in criminal court.

Go to the mortgage company and try to arrange for them to go after the ex; they probably won't, because it's easier to forclose.

Go back to your divorce attorney, and see if there is anything you can do to get your ex to be declared in contempt of court, and get the payments made if he doesn't want to be in jail for that status of being in contempt of the court order [the divorce decree].

Good Luck! You're gonna need it!

Answer 4

Yes, it can be foreclosed upon. The fact that the ex-husband quit claimed it to you merely means that he gave up all ownership rights to you. That, however, did not change the mortgage originally signed, which lists the PROPERTY as the collateral for the loan. If he is to make payments and not making them, you could be in jeopardy of losing the property.

Answer 5

as an order of the court, a transfer of ownership on real property cannot be foreclosed upon unless the payments are NOT made.
a divorce action does not vacate your right to ownership because you separate, its an order of the courts that have brought this upon you and your X.
just make the payments and hold the QC as it is now your ownership papers to the real property and if you have that challenged by the recorders office or lending institution, place a copy in their hot little hands.

Answer 6

Yes.