QUESTION

If I am on the deed but not the mortgage can they foreclosure on my half interest?

Asked on Jul 08th, 2014 on Foreclosures - Florida
More details to this question:
When my fiance (at the time) bought our home, I decided that I didn't want to be on the mortgage, only on the deed. That was 12-19-2001. When we got to the closing, they made a mistake and only put him on the deed, so he just quit claimed it so that we both were owners of the property. Well we decided that we would wait to record it because we were about to be married and my name would be changed, so why do it twice? Well, we never got married, but we are still living together in the same home. He decided to refinance the mortgage in 2005, and didn't think it mattered that I wasn't a part of it, because he was the only person on the mortgage. Then in 2009, he lost his job and it went into foreclosure. When he refinanced, it was with Access Mortgage, but sometime, we don't know when Wells Fargo took over. Wells Fargo has yet to show proof of how they could even sue for foreclosure on or before our case started on 2/02/2009. Believe me this has been a nightmare. Our case has had so much illegal practices by their attorneys, so many fraudulent documents, it’s just been unbelievable that they can get away with what these banks have done. It’s actually criminal. Even the Judge has been found guilty of having conferences with the banks attorneys without the defendant present and is STILL working on foreclosure cases. Back to my question... Anyway, since then we have put the home in both our names, with the original quit claim deed. The property appraiser’s office for our county recorded it, dating it, of course, 12/19/01. They told me that it didn't matter when it was recorded. I have ownership since the date the deed was signed and notarized. My question is, can Wells Fargo foreclose on my half of the property? I owned it well before it was ever refinanced, also the property has not been sold to anyone else, it’s only us and we still live here.
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2 ANSWERS

Erik Brito Espinosa
Yes, they can foreclose. At the time of the refinance you were not married, it was not your homestead property, and your name was not on the deed. Yes, your interest in the property has existed since before the refinance, but you cannot claim that your interest is now superior to the mortgage because you never recorded the title to let them know you had an interest. If you recorded the deed timely, you would have either had to sign the mortgage too or they never would have given the mortgage. The law protects the bank in this situation because of your failure to notify them of your interest (by recording the deed).
Answered on Jul 11th, 2014 at 3:08 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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In my opinion, yes they can sue for foreclosure because the mortgage was not paid. If you read all the documents carefully, you will find that what was done is a breach of the contract. He cannot transfer his interest, and the bank will be alleging that the deed is a wild deed. Best of luck to you.
Answered on Jul 10th, 2014 at 8:08 AM

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