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Foreclosure - Two owners

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greentee

Junior Member
What is the name of your state (only U.S. law)? Arizona

i was the owner of a property that has gone into foreclosure. The property was owned by myself and another party (not married). The other party hurt me really bad and has since been sent to prison. Before going to prison he was allowed by the courts to quitclaim his part of the deed to his mother. When the property went into foreclosure she blamed me and is now taking me to court for proceeds that she believes she is due from improvements and unpaid mortgage payments that occured when her son was residing in the home alone. The courts said that she is deserved those months of payment because she now holds the deed. So the court ordered me to pay her $4500 dollars out of the proceeds from the sale of the home. Do I owe her this amount even though the home did not sell? Thx Greentee
 


FlyingRon

Senior Member
Foreclosure is a sale.

If there was money netted after the foreclosure sale (i.e. there was equity) she certainly would have claim to half of it by rights.

The fact that you have a court judgement means you HAVE to pay, none of the other facts matter. There are a lot of missing details here so we can't even begin to guess what on earth happened in they court trial and if you have any avenue of appeal. Try a lawyer.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Arizona

i was the owner of a property that has gone into foreclosure. The property was owned by myself and another party (not married). The other party hurt me really bad and has since been sent to prison. Before going to prison he was allowed by the courts to quitclaim his part of the deed to his mother. When the property went into foreclosure she blamed me and is now taking me to court for proceeds that she believes she is due from improvements and unpaid mortgage payments that occured when her son was residing in the home alone. The courts said that she is deserved those months of payment because she now holds the deed. So the court ordered me to pay her $4500 dollars out of the proceeds from the sale of the home. Do I owe her this amount even though the home did not sell? Thx Greentee

**A: there is a whole lot more to this story. But the answer to your question is yes since that was a court order.
 

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