Defective Title?

[stellapena]

What is the name of your state? Florida

Please answer to the following scenario:

Husband and wife own property since 1989. Divorce in 1993. Husband quit claims property to wife in 1998. Wife remairries in 2000, but mortgage has been in foreclosure since 1997. Mortgage is finally foreclosed SUBSEQUENT to wife's second marriage (second spouse is NOT a party to the foreclosure action). Does new spouse have any legal homestead claim to property? If so, what steps should he take to claim this to new titled property owners?

Thanks.

[JETX]

"Does new spouse have any legal homestead claim to property?"
*** No. He would have to have ownership to have any rights. Based on your post, he was simply a 'resident'.

"If so, what steps should he take to claim this to new titled property owners?"
*** None.

[HomeGuru]

**A: I have a differing view than my esteemed colleague JETX, yet arriving at the same outcome.
*******

[quote]Originally posted by stellapena
[b]What is the name of your state? Florida

Please answer to the following scenario:

Husband and wife own property since 1989. Divorce in 1993.

**A: the writer has not stated what the status of the property was after the divorce. Presuming the title has not changed, husband is still a property owner.
*********
Husband quit claims property to wife in 1998.

**A: the writer has not stated which wife; the ex wife or if he got married, the new wife.
********
Wife remairries in 2000, but mortgage has been in foreclosure since 1997. Mortgage is finally foreclosed SUBSEQUENT to wife's second marriage (second spouse is NOT a party to the foreclosure action).

**A: it appears that the quit claim was to the new wife. If the property has been foreclosed upon and the foreclosue sale completed and recorded, all the marriage stuff is not relevant because the Buyer's of the property would have clear title.
*******
Does new spouse have any legal homestead claim to property?

**A: no, based on the completion of the foreclosure.
********

If so, what steps should he take to claim this to new titled property owners?

**A: not applicable.
*******
Thanks.

**A: you're welcome.

[JETX]

"Oh! ye'll take the high road and
I'll take the low road,
And I'll be in Scotland afore ye;
But me and my true love
Will never meet again
On the bonnie, bonnie banks of Loch Lomond."

[HomeGuru]

Much obliged.