If my ex is on the title to my home but not on the mortgage, will letting the mortgage company foreclose remove her from the title?

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If my ex is on the title to my home but not on the mortgage, will letting the mortgage company foreclose remove her from the title?

Asked on August 2, 2011 South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In any situation where a piece of real property is foreclosed upon by the lending institution be it a judicial or non-judicial foreclosure, the end result is that the owner of record upon legal title is replaced with the name of the trustee under the trust deed if the prior owner signed the trust deed or mortgage that was foreclosed upon.

If your former wife is on legal title to your home, but not on the mortgage as a signatory that is recorded upon it, her ownership interests cannot be lost in a foreclosure on the real property and she would remain as legal owner in some form if the trust deed or mortgage foreclosed upon was recorded after your former wife obtained legal title to the property.

In such a situation, the recorded lien would be junior to your former wife's recorded interests in time.


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