Q: Can the bank foreclose on my house when I'm the only one on deed and ex husband is only on the mortgage
I was awarded house in divorce my name is not on mortgage and the only one on deed, how can I get it back before foreclosure?
Unfortunately, the lender can foreclose on the mortgage even though only your name is on the deed and only your ex-husband's name is on the mortgage. As long as the mortgage was validly created, regardless of who gave it and who currently owns the property, a lender is always entitled to foreclose its mortgage for nonpayment. This only makes sense. If you owned a house and your name was on the mortgage, you could always avoid foreclosure for nonpayment by simply conveying the house to someone else. No lender would ever be able to foreclose.
Reading between the lines, I assume your ex was required to pay the mortgage or contribute to its payment. I strongly suggest you contact your divorce attorney to take whatever action is necessary to get the mortgage current again. The fact that the deed is in your name and the mortgage is in the name of your ex-husband will not prevent the lender from foreclosing.
A: You should ASAP have your divorce attorney involved at this juncture as there could well be a Contempt Complaint if former spouse was to pay the mortgage or payoff same and potentially there may be a way to proceed with an equity case against the lender seeking to forestall foreclosure while the Contempt issue is pending if you did not know of the default, e.g..
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