My Ex In Foreclosure????
This is a weird story and I am trying to figure it out. Any advice will be appreciated. Okay, My dad has a rehab up for sale and recieved a call on it last weekend, or so he thought, ends up the people were calling about the Lis Penden that they found on Realty trac, which is in mine and my ex-wifes name (my dad and I have the same first name) I have been divorced from her for over 10 yrs. I thought the house was taken out of my name in the divorce decree. I looked it up on Realty trac and the lis penden was recorded back in June. My ex and I have a sour relationship so I havent talked to her in years. She wouldnt give me the scoop if I asked her. I want to know if my name is still on the mortgage, also she is still using my last name for financial transactions even though she is supposedly re-married (they are both natrualized citizens) She is very tricky and unethical (she sold Life insurance policies to people that didnt exist and collected the commissions before leaving her job in Australia and coming here) I also want to know what I can do if my name IS still on the mortgage and she is being foreclosed on, can I catch it up and assume the mortgage again? Can I get her off the mortgage? I just bought a house and nothing came up as far as my old house and mortgage on my credit that I know of. Any help or advice is appreciated, This story could go on forever, The @#$%^ screwed me with 5 credit cards and ruined my credit for 8 yrs and I was only with her for 3 yrs, I would love to get that house back. (she doesnt even live in it, it's a rental) Thanks, Joey
[addsig]
Once a mortgage is given, nobody's name is gonna come off it, until it's paid!
Why would any lender just pleasantly agree to let A or B remove his/her names? Short answer: they won't.
You can easily find what the current mortgage situation is, as a mortgage or deed of trust is recorded, and any title search will get you copies of whatever recorded docs exist against the RE.
So order this from your title company and you won't be having to guess what mortgages are outstanding, or whose names are on them.
You don't need to spend for title insurance. You as one of the trustors(borrowor) have the right to get all the information directly from the mortgage company or the servicing company which is doing this foreclosure process.
The question you need to answer by dusting off your divorce decree (or check with your divorce attny) who got title to the house? Did you deed the house to your wife? If so, then you are in the sticky position of not being the owner but just as liable for the debt as your ex-wife. If that's the case, the only way your name is going to come off the mortgage is when the property is foreclosed. If you're still on title then contact me or re-post.
Steady now, there are a few trickey ways to handle the matter.
I would record non responsibility notices on the various titles that she owns Also the attorney type letter to the lender on her property indication of probable damages. Notification to whoever filed the lispend of non responsibility. If you really are vindictive, you might explore her titles with a preliminary title order and check to see if there is a point of insertion by purchase of a lien position. I am sure you can take it from there.
I had an ex wife who had a small personality problem which she soothed with heavy spending. Two mink coats in one week, a party for her girl friends and gave as table favors a Patek Phillip watch to each of the nine ladies in attendence. My solution was very unhollywood. I just paid and then informed all of the local merchants up and down Rodeo Drive that she was on her own. They of course ignored me but when she got close to $70,000 in unpaid charges, they shut her off. I was free at last. I could go into Dennys and get a table.
Cheers Lucius
The bottom line is that you signed the mortgage and note. You are obligated to the terms of the mortgage. You will remain on the mortgage until it is paid off (very unlikely) or until the debt is extinquished by the foreclosuer.
To publish "non-responsibilty letters" is something that should have happened shortly after you dissolutionment. I can assure you, even promise to take over Lufos' ex-wife's expenditures (which I don't consider extravagent considering Lufos social status & weath), that sending the lender 100 letters of non responsibility will not remove you from this mortgage. You signed the mortgage and note and that's a contract you wont get out of by sending exculpatory letters.
Update, I found out today that My name was removed from the title in 1994 and as far as I now the mortgage was re-financed after that, (original was a 12% non-qual assumable) But How do I find out if the re-fin is in my name also? Joey
[addsig]
Now that is easy. Simply go to the Hall of Records and look up a copy of the new Mortgage and if you like while you are there look up the deed to the property.
If you see your name mentioned Soo Sorry. If not, Home Free, enjoy.
Lucius