Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Other Real Estate Law Questions

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-14-2003, 02:26 PM
angiet
Guest
 
Posts: n/a

Real Estate


What is the name of your state? California

I am divorced. He gave me the house (interspousal transfer deed), his name remained on the loan. It went into foreclosure status, but I sold it first.

Did he need to sign anything? Did me and my realtor commit some sort of fraud? There was money back after paying off his loan, but I got the money. The title company arranged for it to come to me. I know where he lives, address and all, but I did not tell him of the situation.

His credit is tainted due to the foreclosure status. Am I obgligated to inform him. Is my realtor?, the title company?
  #2  
Old 02-14-2003, 05:28 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: Real Estate


[quote]Originally posted by angiet
[b]What is the name of your state? California

I am divorced. He gave me the house (interspousal transfer deed), his name remained on the loan. It went into foreclosure status, but I sold it first.

Did he need to sign anything? Did me and my realtor commit some sort of fraud? There was money back after paying off his loan, but I got the money. The title company arranged for it to come to me. I know where he lives, address and all, but I did not tell him of the situation.

His credit is tainted due to the foreclosure status. Am I obgligated to inform him. Is my realtor?, the title company?

**A: if you had sole title to the property at the time of sale and there were no other agreements that he share in any equity or profit, the money is yours and you were under no obligation to communicate with him with respect to the property.
  #3  
Old 02-15-2003, 07:42 PM
angiet
Guest
 
Posts: n/a

DIVORCE/MY NAME NOT ON LOAN


The final divorce decree states that I am responsible for the payments on the loan, insurance, property taxes. I failed to do this, so am I not in contempt of this court order. It does not mention selling of the house. Could he argue that it would have been morally correct or ethical for me to inform him of this foreclosure status since his credit is not ruined.
  #4  
Old 02-15-2003, 09:33 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: DIVORCE/MY NAME NOT ON LOAN


[quote]Originally posted by angiet
[b]The final divorce decree states that I am responsible for the payments on the loan, insurance, property taxes. I failed to do this, so am I not in contempt of this court order.

**A: yes.
**********
It does not mention selling of the house. Could he argue that it would have been morally correct or ethical for me to inform him of this foreclosure status since his credit is not ruined.

**A: yes. In my first post, I implied that you were under no obligation to communicate with him regarding the sale of the property. You should have advised him with respect to defaulting on your loan payments and anything that affected his credit.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:46 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.