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?
A:
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..
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
