What do I do regarding a home that I used to own that is now in foreclosure and I’m being sued?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What do I do regarding a home that I used to own that is now in foreclosure and I’m being sued?
About 5 years ago, I was divorced and the judge awarded our home to my ex-wife. I signed and filed a quit claim deed giving her the house. She then did a loan modification agreement with the same bank. She has
since let the home go into foreclosure. I was just served papers by court to sue me for money owed. What are my options here. I am no longer on mortgage and haven’t been for those 5 years.
Asked on February 1, 2019 under Real Estate Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Did thge loan modification actually remove you from the loan or not? Usually, "modifications" do not--it takes an actual refinancing, where the existing loan is paid off and replaced by a new loan with only your ex-wife on it--to remove you. Ask the bank's attorneys to send you proof that you are still on the loan. If you are--if the modification did not remove you--you are still liable for the loan. You can also go to the country clerk and check the paperwork on file for the current mortgage.
Not owning the home anymore has no effect on your liability--the only issue is if you are still on the loan or not. If you're not, you are not liable or responsible for it; but as stated, if you were not in fact removed, you are.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.