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Forclosure not in my name

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Sate Texas
Buying a house and foreclosure not in my name is preventing me from doing so
I have ran around in circles. I was married years ago and since texas is community property was placed on a deed of trust and subsequently got the said property in the divorce. The mortgage or deed, etc. is not in my name and my ex failed to comply with the decree in 1st place I tried to sell property etc and bank would not help me since I was not on the mortgage long story short. I quit claimed it back to him and it got foreclosed on last year. I went to by a house this year and some background popped up with this foreclosure. Now no bank will loan me money for a foreclosure not even in my name?
 


Dandy Don

Senior Member
You may want to consult with a real estate attorney about this to see if there is anything that can be done to correct the real estate records or the way that the foreclosure is recorded on county records.

Do not give up on trying to buy a house. In many states, the name of anyone (who may possibly have or previously had a legal interest in ownership of a property) can be put on the foreclosure proceeding, even though you may not be part of the actual foreclosure. It is a technicality that you just have to deal with.

The problem is that the bank sees your name come up, perhaps when they do a search of the address. When you talk to future banks about this situation, you need to explain that you were not involved with the foreclosure at all and that it was your ex-husband's situation and that your name is on there merely as a legal technicality that is required by state law.

It happened to me too.
 
You may want to consult with a real estate attorney about this to see if there is anything that can be done to correct the real estate records or the way that the foreclosure is recorded on county records.

Do not give up on trying to buy a house. In many states, the name of anyone (who may possibly have or previously had a legal interest in ownership of a property) can be put on the foreclosure proceeding, even though you may not be part of the actual foreclosure. It is a technicality that you just have to deal with.

The problem is that the bank sees your name come up, perhaps when they do a search of the address. When you talk to future banks about this situation, you need to explain that you were not involved with the foreclosure at all and that it was your ex-husband's situation and that your name is on there merely as a legal technicality that is required by state law.

It happened to me too.
The problem is on first bank they made me provide a copy of divorce decree where is where they are inturpting the debt is mine. After disclosing this the second bank they automatically denied me. As I said credit perfect. How can I be held for a forclosure not on credit?
 

justalayman

Senior Member
You needed to be included in the foreclosure due to your interest in the property. That doesn’t mean you were liable for the mortgage though. Anybody that appears to have any interest in a property must be included in the foreclosure so they have the opportunity defend their rights and so they cannot come back in the future and attempt to make a claim against the property.
 
You needed to be included in the foreclosure due to your interest in the property. That doesn’t mean you were liable for the mortgage though. Anybody that appears to have any interest in a property must be included in the foreclosure so they have the opportunity defend their rights and so they cannot come back in the future and attempt to make a claim against the property.
I quitclaim thr property prior to foreclosure doesn't that release interest?
 

justalayman

Senior Member
Yes but they include you to be certain. The lender is not going to scrutinize the transactions and make a legal determination of whom holds a current interest. In fact, there are often times a person that has never been named in the chain of title to be included in a foreclosure just because they might have some claim. Children of deceased parents or even grandparents is propbsbly the most common such use I have seen.
 

HRZ

Senior Member
a quit claim only releases your interest , if you had any duty to pay on community debt that debt gray cloud on your history is not wiped out and they are free to look at prospects they regard as having less baggage ....absent discrimination for reasons prohibited by law not relevant here . its up to you to show there is no baggage you bring to equation .
 
Yes but they include you to be certain. The lender is not going to scrutinize the transactions and make a legal determination of whom holds a current interest. In fact, there are often times a person that has never been named in the chain of title to be included in a foreclosure just because they might have some claim. Children of deceased parents or even grandparents is propbsbly the most common such use I have seen.
This is strange I was never notified of the forclosure they only contacted my ex and sent letters to his address? Also the name is not even my name anymore.
 
a quit claim only releases your interest , if you had any duty to pay on community debt that debt gray cloud on your history is not wiped out and they are free to look at prospects they regard as having less baggage ....absent discrimination for reasons prohibited by law not relevant here . its up to you to show there is no baggage you bring to equation .
I'm not sure what you even said? My credit is clean so is my public record this popped up on a background in an old name.
 

justalayman

Senior Member
You will have to speak to whatever lender you are dealing with and explain that you used to be married to the guy who the lender forclosed upon and they included you due to the possibility of you having an interest in the property. It is quite common and should not be be held against you when seeking a mortgage loan.

It does not mean you ever had any liability for the mortgage. It is based solely on the possibility of having a legal interest in the property the mortgage was on.
 
You will have to speak to whatever lender you are dealing with and explain that you used to be married to the guy who the lender forclosed upon and they included you due to the possibility of you having an interest in the property. It is quite common and should not be be held against you when seeking a mortgage loan.

It does not mean you ever had any liability for the mortgage. It is based solely on the possibility of having a legal interest in the property the mortgage was on.
Iv tired it 2 times regardless what u do they are inturpting the divorce degree as thr debt is mine. As we all know divorce decrees don't transfer debt.
 

justalayman

Senior Member
You are 100% correct and a forclosure isn’t really about debt anyway other than the failure to pay the debt associated with the property is whatvallowd the for forcclosure.

How did the divorce address the house? Apparently you were given title but what did it say tothe financial issue concerning the mortgage
 
You are 100% correct and a forclosure isn’t really about debt anyway other than the failure to pay the debt associated with the property is whatvallowd the for forcclosure.

How did the divorce address the house? Apparently you were given title but what did it say tothe financial issue concerning the mortgage
Says it was my responsibility etc. But he failed to deed, transfer required by decree. And there was addendum added in last page that reads any and all deed in Husband name alone is his. So the decree is contridicting.
 

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