We were seperated 2 years ago. I signed a quit claim deed and gave him the property shortly after. He re-financed the house without me on the loan, I no longer lived there and we are now divorced. They ran the title BEFORE the quit claim deed was filed since my ex sat on it for some time. Earlier this year I received paperwork re: the foreclosure of his house. I was named as one of the defendants. I filed a response with copies of the quit claim deed and proof I was NOT a signer on the current mortgage. I WAS on the title but am not any longer and again, I was not involved in the re-financing of the house. A judgement has been made and I am still (according to the court) responsible. How is that possible and am I truly responsible?
2007-09-17 04:09:06 · 6 answers · asked by JESSE 2 in Business & Finance ➔ Renting & Real Estate
I should add that my ex did infact re-finance. The new contract was included in the foreclosure paperwork. Also named as defendants were his then current renters. They were never on any paperwork. The judgement has been finalized and myself as well as his now current renter are defendants involved. Can a renter be liable?
2007-09-17 04:59:42 · update #1
definitely consult a lawyer.....As long as you are not on the Deed or mortgage you are ok .
2007-09-17 04:45:38 · answer #1 · answered by WeLoan.Us 2 · 0⤊ 0⤋
Follow Clairs' tip, and check to see if you can appeal the ruling. You need a lawyer, honey...a few hundred or couple of thousands of dollars in lawyer's fees vs. half the amount of the foreclosure. Make sure the lawyer you retain will deduct your retainer fee from your expenses and make sure the lawyer specializes in such things. You are not morally responsible, but because the quit-claim was filed late (maybe you should have filed it!) you may be legally responsible...however, a good lawyer ought to be able to find a way around that.
2007-09-17 04:24:26 · answer #2 · answered by gorge momma 3 · 0⤊ 0⤋
Who is on the deed is immaterial. Who was on the loan that was foreclosed is what does matter. If you were not on the loan you are not liable. However if you were sued then you were on the loan, pure and simple. My bet is that your ex never re-financed the loan.
Best get yourself a good lawyer, you need one.
2007-09-17 04:33:30 · answer #3 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Why are you still on this deed? Who was supposed to file the new deed with your husband on it? It should have been filed with your county recorders office and your name should have been removed. I agree that you need a good lawyer.
2007-09-17 04:35:15 · answer #4 · answered by livigninchrist! 2 · 0⤊ 0⤋
you'll be fine... stay persistent with your paper trail to evidence that you are not an owner of the property. Get something in writing at some point so you can show it to the credit bureaus if this ever comes up on your credit in the future. in fact, i would submit something to all 3 of them now.
http://www.choicefinance.net/improve_credit2.htm
2007-09-17 04:53:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Hi,
Checkout http://foreclosure.financialdealsonline.info for some valuable tips on the matter. Good luck.
2007-09-17 04:16:49 · answer #6 · answered by Clairs 1 · 0⤊ 0⤋