Foreclosure on house how can i be liable?
DelorasI divorced almost ten years ago & my ex kept the house. He refinanced the property under his own name. Our joint loan is showing as closed; paid as required, zero balance. I have now been served papers and being sued because the current lien holder is placing the property into foreclosure. I am not a party on that loan (The former mortgage lender is listed as well in the suit). The law firm that served me has advised I must get an attorney or my credit is going to get messed up. How can this be?????? What steps did I miss during our divorce that could cause this? Any advice would be helpful.
DarrenUnless you did a Quit Claim deed - you are still most likely listed as a co-owner on the property deed. Thus you become a party to the suit. One of those little loose ends that may not have gotten taken care of - if that's the case - you should have a lawyer assist you.Otherwise, tell them to go blow smoke and you will counter-sue if they come anywhere near your credit report.
CharisYou are going through the same thing I did. However, it is a bunch of garbage, but if you were the original creditor, and did not do a quick claim deed on the house, you are the one liable. You can however at this time stop foreclosure because of the new laws, if you can afford it. Sorry about the Bad news.
BilliThe attorneys (or whomever) telling you that your credit is going to be ruined is using a strong arm tactic because they're trying to scare you. They served you the papers because you're still listed on the deed and they didn't look at the mortgage itself. Execute a quit claim deed ASAP, get an attorney to help you with that, and it should be done as far as you're concerned after that.
Sonny>> He refinanced the property under his own name. Our joint loan is showing as closed; paid as required, zero balance. <<You have not given us enough info in that you haven't told us what documents you signed at & after the divorce. If things were done correctly, he could not have re-financed without your signature either deeding the house to him or joining in the re-fi. Moreover, in the recent mortgage bubble, a LOT of things, especially re-fi's were NOT done correctly. You need to retain an attorney to research the title answer your question.
CallieBecause your still on the title . . . it's a common mistake in divorce proceedings . . . someone (probably your divorce attorney) forgot to "quit claim" your interest in the house.
AveryBy all accounts you should not be heald liable for this. You need to get a lawyer. Bring them a copy of your credit report as well as a copy of the closing papers when you signed the house over to him. This should be an easy fix.
JeanetteIt is strange that companies can still hold people liable for debts even though the court has ruled on who is responsible for them. I had this with credit cards that my ex was ordered/agreed to pay in the divorce. Took me years to get them off my credit reports.
IngeThen you need to get a lawyer.
LacyThe title company that handled the re-fi dropped the ball.Your credit rating has alrady been trashed, or will be within 60 days when the credit reporting agencies pick up the filing. Housing derogs are extremely negative: you'll INSTANTLY go down 200 points.You need to monitor the credit reports and prepare to file a mongo lawsuit when the smelly stuff hits the fan. And file an answer to the complaint. Look for the bits that say you are the owner of the equity of redemption in the property and deny them. And file a counterclaim for defamation.Good luck. You have a mess that is every bit as bad as identity theft without the panache of a "hot topic" to yell about.