Q: Can my Dad foreclose on the property they sold to my Aunt without my Mother’s agreement?
My parents bought a house together. While they were still married, they sold it to my Aunt. They (both names on all) have a personal 30 year mortgage with her, where she pays them directly monthly.
My parents got separated 10 years ago and my Father has been receiving the payment for the last 12 years (checks have been made out to only him).
My parents just officially became divorced, and did not include the house they sold to my Aunt in the paperwork etc. when they were dividing assets.
My Mom has now asked my Aunt to pay her the money, since she considers it to be splitting the money fairly (My Dad gets 15 years of payments and she gets 15 years of payments).
My father does not agree to this and told my Aunt he would foreclose on the property if she did not start paying HIM directly (instead of my Mother).
Can my father foreclose on the property on his own (without my mother’s agreement) even though everything for the house is in BOTH of my parents names?
A:
Well, at least I have more information to work with. Still need to know who has title to the house. Was a quitclaim or other deed recorded in the County Recorder's Office in your aunt's name? Was the mortgage recorded with the County Recorder by your Aunt? So, since your parents have not worked out a plan, the question is "can your father foreclose on the property by himself." As I said before, I don't think so. It depends on who your aunt has been paying the mortgage payment to, and for how long.
You can only foreclose on a house if the mortgage is in default for a certain period of time. It generally takes about 4 months to foreclose on a house. Usually, the mortgagor (your aunt in this case) pays what is owed before the foreclosure has gone too far. You will need to check out foreclosure laws for the details.
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