QUESTION

POST DIVORCE IN FLORIDA WIFE GOT HOME AND ALIMONY. SHE FAILED TO MEET MORTGAGE. BANK NOW WANTS DEED IN LIEU OF... BUT WANTS TO TALK TO ME.

Asked on Aug 17th, 2012 on Real Estate - Oregon
More details to this question:
SHOULD I CONTACT THEM, (IS THIS A TRAP), AND CAN I BE HELD LIABLE FOR REMAINDER OF MORTGAGE. DO I HAVE ANY OPTIONS...THE LOAN WAS IN MY NAME (MAY STILL BE). DIVORCE DATE 2000.
Report Abuse

1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
Update Your Profile
If you made the mortgage, that means you also signed a Note promising to pay the lender whatever the loan amount was together with interest.  The lender does not care whether you or your former wife makes the payments.  But if the payments cease to be made, the lender will either foreclose on the mortgage or sue on the Note -- or both.  Yes, if there is a foreclosure, there will almost certainly be a loss on the re-sale of the property -- and the lender can sue you for that loss. The fact that the lender has inquired about a deed in lieu of foreclosure is a good sign that it may be willing to accept the property in full satisfaction of the debt.  If your former wife got a deed from you in connection with the divorce, the deed in lieu of foreclosure will have to come from her -- but the lender may wish to get a quitclaim deed from you simply to have the comfort that you know of the transaction and that you support the transaction. Yes, I think you should return the lender's call.   an alternative course of action, if your former wife is agreeable, is for you to get a deed from your former wife and then pay the arrearage on the loan.  If there is a significant equity in the property, you might be able to sell the house and recover at least some of the equity. 
Answered on Aug 18th, 2012 at 3:31 PM

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