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  #1  
Old 12-26-2005, 10:56 PM
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OUR house, HIS mortgage, what would happen to my half if foreclosed?

What is the name of your state? Florida
I am separated, he is in the marital home and liable for bills according to the court. The mortgage is not paid and I am concerned about foreclosure. Since I am on the deed, but not the mortgage, what happens to my portion of the property if he defaults on the mortgage?
  #2  
Old 12-27-2005, 12:10 PM
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Quote:
Originally Posted by puss gurka
What is the name of your state? Florida
I am separated, he is in the marital home and liable for bills according to the court. The mortgage is not paid and I am concerned about foreclosure. Since I am on the deed, but not the mortgage, what happens to my portion of the property if he defaults on the mortgage?

**A: news flash- your portion (which is an undivided interest in the whole) gets foreclosed on since the property is one whole. And lenders do not recognize separation and divorce agreements.
  #3  
Old 12-27-2005, 12:45 PM
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Quote:
Originally Posted by HomeGuru
**A: news flash- your portion (which is an undivided interest in the whole) gets foreclosed on since the property is one whole. And lenders do not recognize separation and divorce agreements.
Because they are not parties to your lawsuit....
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  #4  
Old 12-27-2005, 12:49 PM
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Quote:
Originally Posted by seniorjudge
Because they are not parties to your lawsuit....

**A: what lawsuit?
  #5  
Old 12-27-2005, 12:55 PM
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Quote:
Originally Posted by HomeGuru
**A: what lawsuit?
Quote:
Originally Posted by HomeGuru
**A: news flash- your portion (which is an undivided interest in the whole) gets foreclosed on since the property is one whole. And lenders do not recognize separation and divorce agreements.

Because they are not parties to your lawsuit if you have gotten divorced or have gotten legally separated....
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  #6  
Old 12-27-2005, 11:33 PM
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If you want to protect your interest, bring the mortgage current and stop the FC action. Then sort it out in your court settlement.
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  #7  
Old 12-28-2005, 08:16 PM
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Quote:
Originally Posted by nextwife
If you want to protect your interest, bring the mortgage current and stop the FC action. Then sort it out in your court settlement.

**A: good idea.
  #8  
Old 12-28-2005, 09:11 PM
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Thanks! I'm not partaking of so much eggnog that my noggin's not working.
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