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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption