Bank wants to initiate foreclosure proceedings on expired construction loan in my ex-husband's name on the home I was awarded in divorce and was quitclaimed to me. I was paying interest only payments and seeking refinancing. Lenders could not lend since it was not a "residence" so I opted to take all the funds I had left to complete enough construction to get "occupancy permit". I did get occupancy two weeks ago and have possible financing coming shortly.
Ex received Intent to Foreclose notice and says HE can come "seize the property". I seriously doubt that since I am the only one on the deed. He has serious drug problems and got another gal pregnant while being sued for paternity for another child out of state two years ago (hence the divorce) - if his mouth is moving he's lying. I never heard of such a thing, but just in case someone has heard of this, I wanted to ask if it's at all possible.
2007-07-25 12:29:39 · 11 answers · asked by Sherry G 1 in Business & Finance ➔ Renting & Real Estate
I'll be honest with you...your situation is a very complicated legal mess and you need to speak to a Real Estate attorney...as in TOMORROW.
I could easily write 10 pages of questions of more information that would be needed in order to advise you properly....which is why you need bona-fide legal advice.
My thinking is that your ex- can't take your home, but the bank can evict you and foreclose.
A judge cannot dismiss a bank's claim to a property that was put up as collateral in a divorce proceeding and turn it into unsecured debt....I believe (if I am following you correctly), that your husband was removed from title, but that didn't remove the LIEN that is currently against your home for the construction funds.
You need to call first thing in the morning, take all of your paperwork, including your divorce decree, to the attorney and let them advise you on what you need to do.
This is a VERY serious situation you are in, and you cannot ignore it.
2007-07-25 12:42:27 · answer #1 · answered by Expert8675309 7 · 0⤊ 0⤋
Since he's no longer on the deed, that's not likely. It would have to go into actual foreclosure and he'd have to have the winning bid to take it from you. Even then, in some states the original owner can recover the property from foreclosure even after the fact if they have the funds.
Do consult with an attorney, however, to be sure that there isn't some odd law on the books in your jurisdiction.
2007-07-25 12:34:34 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Your ex-spouse has no claim on the property, but the bank does. If the bank forecloses, you will lose the property via foreclosure action, unless you find a way to refinance the entire thing and get a conventional loan in your name only.
2007-07-25 12:59:57 · answer #3 · answered by acermill 7 · 1⤊ 0⤋
I don't see what rights or interest he would have in the property if he signed the quitclaim. And in the case of a foreclosure the property goes to the lender for sale or auction. ask for a copy of the paperwork he received. he could be bluffing to get a reaction out of you.
2007-07-25 13:20:19 · answer #4 · answered by Sandy Sandals 7 · 0⤊ 0⤋
He received the notice from the bank because he is still responsible for the loan even though he quit claimed his interest in the property to you.
As long as you get financing in YOUR name you are cool.
Don't worry about it. Only the government can seize property. He probably heard that in jail by someone who had their house seized for drug trafficking.
2007-07-25 13:13:22 · answer #5 · answered by Credit Expert 5 · 0⤊ 0⤋
Get a lawyer, let him wade throught the mess, that is what you pay them for.. less headaches
If its in your name then you have to deal with the foreclosure but it can be put aside since you are now a resident and the construction is finished, with financing they will back off.
2007-07-25 12:35:24 · answer #6 · answered by Tapestry6 7 · 0⤊ 1⤋
I can't give you legal advice, since every state's laws vary. However, in my opinion whoever's name is on the deed then he/she is responsible for whatever situation they run into. Again this would be my opinion. I don't want to give you information then put you into a more deeper issue than you are right now. Good luck.
2007-07-25 12:56:21 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Your name is on the deed, but he is the one financially responsible for the house. If you are not meeting the financial obligations of the mortgage he can sieze the property from you. You should know if you have financing, if you do provide him and his mortgage company with documentation of prequalification, this should put your ex off until the financing comes thru.
2007-07-25 12:34:24 · answer #8 · answered by Anonymous · 1⤊ 1⤋
Sounds like he's talking out of his neck to me but be sure to protect yourself and consult an attorney just to be on the safe side.
2007-07-26 04:12:54 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You need to have your lawyer deal with this. Answers probably isn't a good place to get legal advice in this case.
2007-07-25 12:32:23 · answer #10 · answered by Mike Frisbee 6 · 0⤊ 0⤋