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Name not on deed but the bank still comes after the ex-spouse?

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by Chrysalis Dawn, Nov 21, 2017.

  1. Chrysalis Dawn

    Chrysalis Dawn Law Topic Starter New Member

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    Jurisdiction:
    Ohio
    Here is the scenario for the state of Ohio:

    - Husband owns a home and the mortgage, title, etc, are only in his name.
    - Husband borrows money against the house fhhor a loan so now there is a lien on the home.
    - Husband divorces wife. On the divorce decree, the wife is supposed to get the home.
    - The now ex-husband never signs the deed over to the ex-wife so everything is still in his name.
    - The ex-wife has no interest in the home.
    - The mortgage company goes after both the ex-husband and the ex-wife even though the mortgage is under his name.
    - The company states the home cannot be sold due to the existing lien on the property.
    - The company states they will foreclose on the home but they won't come after both parties to repay the loan. It will still affect both individual's credit score greatly.

    Question: Is there a reason why the wife has to be part of the foreclosure as her name isn't on any of the mortgage documentation.
     
  2. Disabled Vet

    Disabled Vet Active Member

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    You won it in the divorce.... Congrats on hitting the jackpot. You could have just stated back then You didn't want the house.

    This will require a lawyer to help figure this out. What does your divorce lawyer say?? that would be a great place to start.
     
  3. Chrysalis Dawn

    Chrysalis Dawn Law Topic Starter New Member

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    To clarify this scenario more,
    It was originally intended in the divorce decree that a house should have gone to the ex-wife through a mutual agreement.

    Noone lived at the home after the divorce decree was signed.

    The ex-husband never signed it over via quick claim or quick warranty deed. Also, the mortgage note was never switched over to her name to make payments.

    So the fundamental question I have:
    Is the ex-wife responsible for the home since nothing is in her name (i.e., title, mortage, taxes, etc)
     
  4. army judge

    army judge Super Moderator

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    I suggest you speak to a couple local attorneys about ownership of the home.

    Based on your assertions, I can't see how you're responsible for the debt.

    However, your former spouse appears to be TRICKY.

    He could have placed your name on the documents without your knowledge.

    I know less than you do about this situation.

    An attorney can help you get to the bottom of this mess.

    If you're on the financial hook bankruptcy might be worth considering, again, a lawyer in your area can explain that to you as well.

    I'm just another dummy posting on the Internet.

    If your name is on the deed or loan paperwork, it'll take a lawyer licensed in your state to fix this for you.

    Happy Thanksgiving.
     
  5. zddoodah

    zddoodah Well-Known Member

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    That's not accurate. According to you, the court awarded the home to the wife. That most certainly creates an interest. I suspect that what you meant is that the wife has no interest of record (which, if accurate, means that the wife or her lawyer screwed up by failing to record the judgment).

    What does "goes after" them mean? "Goes after" them for what? Did someone stop paying the mortgage?

    Well...that's kind of the whole point of establishing a lien. However, it's not entirely accurate. The home can be sold; it's just that a sale that does not provide for payment of the mortgage lien will result in the buyer taking the property subject to the existing lien. Who is it that wants to sell the property?

    What does "part of the foreclosure" mean? If the mortgage lender is going to foreclose, the ex-wife will be identified as a person with an interest in the property. Whether that will affect her credit remains to be determined.

    Who are you in this scenario and why are you asking these questions?

    A house? Or the house that was the subject of your original post? When you say that this was the "original intent" does that mean something else ended up happening? If so, what difference does it make what the parties' "original intent" was?

    Responsible in what way? If she doesn't want the house foreclosed, then it's her responsibility to ensure that doesn't happen. Otherwise, no.
     
  6. Chrysalis Dawn

    Chrysalis Dawn Law Topic Starter New Member

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    I greatly appreciate the point-by-point replies!

    I can provide clarification:

    On the divorce decree, it states the property is to be turned over to the ex-wife.
    However, the transfer did not take place on record. The ex-husband did not file the claim deed so everything is still in the ex-husband's name.

    Yes. Payments were stopped on the mortgage so the mortgage company is examining foreclosing and having both the ex-wife and ex-husband responsible.

    You are correct. As far as wants, the ex-wife did not want the property since the ex-husband did not sign it over. The ex-husband does not want the property as well.

    and this is the fundamental question. Why is the ex-wife part of this if records show the home is in the ex-husband's name?

    I am a third party/friend of the individuals. Wanted to gather more information for the both of them from a neutral perspective to clarify who is responsible by law as there appears to be ambiguity.

    I intentionally changed it to "a" to "the" as both parties stopped living at the home. But I can see how this caused confusion. The original intent was to give the ex-wife the property so she can make payments and take ownership. This did not happen since the ex-husband never signed it over. Therefore, payments stopped.

    Is the ex-wife considered responsible even though she is not on the title, mortgage, etc?
     
  7. Chrysalis Dawn

    Chrysalis Dawn Law Topic Starter New Member

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    Based on public records and some evidence, it appears this is not the case. All of the documentation shows only the ex-husband on the documentation.

    Happy thanksgiving to you too!
     
  8. army judge

    army judge Super Moderator

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    In order to receive a definitive answer, the parties in question need to seek the counsel of live, state licensed attorney near their locales.

    Even if an anonymous person from an obscure internet site told you NO, the lien holder or creditor wouldn't care, nor should the creditor care what anonymous sources say.

    Again, the female needs to hire an attorney to ensure she don't get bamboozled, flummoxed, or FLEECED any more than she have already been.
     
  9. zddoodah

    zddoodah Well-Known Member

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    I can only guess, but I would assume that the mortgage lender is aware of the wife's existence and is assuming a marital interest in the property. Whether the lender is or isn't aware of the divorce decree is anyone's guess.

    I don't think this will be very productive. Encourage your friends to retain legal counsel.

    I'll ask again: responsible in what regard? Are you asking if she's likely to be hit with a deficiency judgment if the foreclosure sale doesn't generate enough $$ to pay off the mortgage? That probably won't happen if she is not a borrower on the mortgage and any underlying promissory note. Of course, I am doing nothing but speculating based on representations you have made about mortgage documents I haven't seen, so take this for what it's worth and encourage your friends to retain the services of a lawyer.
     

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