Q: Can a court award a quit claim without the grantor present?
My girlfriend is separated from her husband. The house mortgage is solely in his name, but they are both on the deed. He has defaulted on the mortgage and the lender has already started the foreclosure process. My girlfriend showed up to the first court appearance and told the lender that she would like to try to re finance the house in her name. She was told that the only way to do that would be for him to quitclaim his ownership in the house. But he has not shown up for 2 Court appearances, and ignored all communication. There is another court appearance today. She was told not to appear, in hopes that he was just avoiding seeing her in person. She was also told a final judgement would be passed. But what she wasn't told is if he doesn't show up, does that mean the quitclaim or Foreclosure goes through?
A:
I am sorry to hear about your girlfriend's situation.
You need to have her talk to an attorney. There are too many things that are happening in the foreclosure to tell you to tell her what she needs to do. She needs legal advice based on her situation.
There are many factors that can influence the outcome of the foreclosure and ultimate ownership of the home.
Is there a divorce proceeding? Who is going to get the house? Was everyone properly served? Has an answer been entered? Who is living in the house? Who is supposed to be paying the mortgage? Is there equity?
The above are just a few questions that need to be answered before coming up with a legal strategy to save the home.
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