Carla Honeycutt
Junior Member
What is the name of your state? North Carolina
I went through a very nasty divorce in 1999 with lead to a foreclosure in 2000. I had three loans. The main loan/mortgage was on 1.7 acers and a house. I and the exhusband had put a modular home beside this home on the 1.7 acers and they thought they had first mortgage but instead they were 2nd mortgage. We rented the first house then lived in the new one. We had 4 acers my father gave me that we also morgaged to finish the concrete dig well etc.it came in as a third mortgage. When the forclosure happened we started with the first loan on the house and 1.7 acers. We did not know that since the bank held the first morgage on the land and first house, it affected the modular house loan because it was on the land held by the first mortgage and the third loan on the 4 acers was on it two. So the latter two were actually a second and third mortgage holders and it pretty much wipped out their debt unless we just wanted to pay it. Well now ever since 2002 the Investers Title Insurance Company (who never did their job by checking to see if the if the modular home was on it's on land with no first mortgage)...they are now tring to come after me for the money that they had to pay out ....$16,000.00 Back in 2002 they issued a judgement against me and I assume the exhusband for collection. I filled out the papers for the Write to have Exemptions Designated and I never heard anything. Now four years later it seems that a new law firm has the account and they have re-issued new papers and of course the amount is now $22,000.00 after interest and fees. They sent me the same papers about Exemptions. I filled them out and sent them back. Now I get a Writ of Execution in the mail. The only thing I have put in my name is my wore our 1995 Blazer and I listed it on the exemptions. I have remarried and I also have an old 1994 Nissan Truck in my name that my current husband drived. I also received an Order AsTo Ex Parte Motion For An Order In Aid of Execution and it appears that the judge would not submitt the motion . My question is this.....what exactly can they do....can they take our vehicles if they are in our name. What do I do?
I went through a very nasty divorce in 1999 with lead to a foreclosure in 2000. I had three loans. The main loan/mortgage was on 1.7 acers and a house. I and the exhusband had put a modular home beside this home on the 1.7 acers and they thought they had first mortgage but instead they were 2nd mortgage. We rented the first house then lived in the new one. We had 4 acers my father gave me that we also morgaged to finish the concrete dig well etc.it came in as a third mortgage. When the forclosure happened we started with the first loan on the house and 1.7 acers. We did not know that since the bank held the first morgage on the land and first house, it affected the modular house loan because it was on the land held by the first mortgage and the third loan on the 4 acers was on it two. So the latter two were actually a second and third mortgage holders and it pretty much wipped out their debt unless we just wanted to pay it. Well now ever since 2002 the Investers Title Insurance Company (who never did their job by checking to see if the if the modular home was on it's on land with no first mortgage)...they are now tring to come after me for the money that they had to pay out ....$16,000.00 Back in 2002 they issued a judgement against me and I assume the exhusband for collection. I filled out the papers for the Write to have Exemptions Designated and I never heard anything. Now four years later it seems that a new law firm has the account and they have re-issued new papers and of course the amount is now $22,000.00 after interest and fees. They sent me the same papers about Exemptions. I filled them out and sent them back. Now I get a Writ of Execution in the mail. The only thing I have put in my name is my wore our 1995 Blazer and I listed it on the exemptions. I have remarried and I also have an old 1994 Nissan Truck in my name that my current husband drived. I also received an Order AsTo Ex Parte Motion For An Order In Aid of Execution and it appears that the judge would not submitt the motion . My question is this.....what exactly can they do....can they take our vehicles if they are in our name. What do I do?