Austin, TX asked in Foreclosure, Land Use & Zoning, Landlord - Tenant and Probate for North Carolina

Q: Can I claim the more left of from foreclosure if the loan was in my husband's name but deed was in mine?

My husband took off in 2018 I paid the mortgage and went to nursing school. I was fine right up.until the pandemic. The mortgage was in his name but the deed in mine. I made the mortgage payments, am I entitled to and of the funds left over from the foreclosure sale? I looked online for some reason he was the only one listed but it was definitely for the sale of the property. I have file taxes on this property etc. What should I do? My son and I could use the money. We have no idea where he is.

1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Probate Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

A: Based on this fact pattern, you should be the recipient of any excess funds in the foreclosure process. I would advise that you hire an attorney to represent you during this process to ensure that your interests are heard in court.

Lynn Ellen Coleman agrees with this answer

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