QUESTION

Is the property still ours if our name is still on the deed but the property was foreclosed?

Asked on Apr 02nd, 2013 on Foreclosures - Arizona
More details to this question:
Our home was foreclosed in 2009 and we were evicted and given $1500.00 to move. We just called the county recorders office and found out that our name is still on the deed that is recorded. Is the property ours?
Report Abuse

5 ANSWERS

Richard hirsh
In order to answer that question it would be important to know if the lender ever completed the foreclosure. The lender does not become the owner until the judicial sale is conducted and the sale is confirmed. Then the lender would be entitled to a Sheriff's deed. I have seen many foreclosures linger for years before the sale is held. You need to check the foreclosure file at the Clerk's office.
Answered on Apr 04th, 2013 at 2:25 PM

Report Abuse
To properly answer, I would need to conduct a title search. If the foreclosing entity got a Trustee's Deed at the foreclosure sale, it is the owner. If it has not recorded the deed yet, the public is not aware of the transfer of ownership. If a Trustee's Deed was never issued, you probably have ownership still.
Answered on Apr 04th, 2013 at 2:11 AM

Report Abuse
I wouldn't trust what someone at the Recorder's office told you on the phone. You should call a title company and get a title report. If you know a real estate agent, attorney, or other professional who could order it for you, there is usually no fee. Even if you have to pay for it, the charge is nominal. It is possible, but unlikely, that whomever acquired the property at the trustee's sale.
Answered on Apr 04th, 2013 at 1:10 AM

Report Abuse
You need to confirm whether or not the property was actually foreclosed. Often the foreclosure sale will occur but a trustees deed is not recorded, this is an error or oversight that can easily be corrected. But if the foreclosure was not done properly & was rescinded, this is known as a "Zombie Foreclosure" and can be problematic. If the assessor shows that you still are the legal owner of the property either way, not only is it still your property, but you are liable for the taxes, HOA fees and premises liability with regards to the property.
Answered on Apr 04th, 2013 at 12:07 AM

Report Abuse
Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
Update Your Profile
No.
Answered on Apr 04th, 2013 at 12:05 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters