Philadelphia, PA asked in Foreclosure for Pennsylvania

Q: Hello,Our home is to be sold at Sheriff sale on 12/13/2019. Both our names are on the note and the deed.

I moved out 3 years ago and my ex still lives in the house. I refuse to sign any type of Short, Quick sale, agreements, remodafcation mortgage papers etc, before the 12/13/2019 deadline. does she have any type of recourse to go ahead and sign said papers on my behalf without my knowledge?

Do I have to or am I obligated to sign off on anything related to the above mentioned?

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2 Lawyer Answers
W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Foreclosure Defense Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: To answer your very specific question-

No, you cannot be coerced by a foreclosure court or probably any other judge to sign off on any of the types of consensual agreements that you list. Probably the more important question is about what you hope to accomplish by your refusals.

The types of agreements you list are all ways that a creditor and debtor(s) avoid a foreclosure sale. Forced sale of a property, i.e., a foreclosure sale, is almost always the worst way to relinquish your rights in the property, inasmuch as a sheriff's sale typically brings a fraction of the real value of the property. Whatever remains of the current loan balance after application of the foreclosure sale proceeds will be your joint obligation to pay to the mortgagee. And the successful bidder at the foreclosure sale will enjoy a windfall in the form of whatever additional fair value/equity the property has when the successful bidder at the sale later sells the property.

The "gorilla in the room", that you do not mention, is whether a divorce/separation agreement is pending or imminent, or has already been involved to determine the respective rights and obligations of you and your "ex". A domestic relations court has a wide range of options about how to determine your respective property rights and obligations, mixed in with financial issues like alimony and child support. Your refusal to participate in the stated alternatives to foreclosure may well work against you in the domestic relations court.

1 user found this answer helpful

W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Foreclosure Defense Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: One other point- Her possible authority to "sign for you".

Unless you have given her a power of attorney complying with the statutory amendments enacted about 4 years ago, your ex would have no legal authority to bind you to any agreement. To be safe, examine the wording of your note and mortgage, and any other documents you signed, when you borrowed the money to acquire the home.

1 user found this answer helpful

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