What do I do regarding a home that I used to own that is now in foreclosure and I’m being sued?

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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 2 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.


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