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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I purchased a brand-new house in 2005 with my husband ..a

Customer Question

Hi I purchased a brand-new house in 2005 with my husband ..a week before escrow closed they took my name off the mortgage. We have since divorced and the house was awarded to me in the divorce. We were instructed by Bank of America at that time to put the deed insurance and taxes all in my name and send them the settlement agreement for the divorce and they would transfer the loan into my name. Instead of doing that they transfer the loan to a different mortgage company who will not work with me even though I've solely made all payments for the last six years. My name is ***** ***** original note, title insurance policy etc. etc. The year before we divorced, my ex-husband filed for bankruptcy .. I did not agree with it and I was not included in the bankruptcy. Currently, the mortgage is not reflected on either of our credit reports.
My question is: due to all of the circumstances, what are my options? if I miss one payment are they going to foreclose since I'm not on the loan? If I ever go to sell the house (I have equity now) since his name is ***** ***** the loan are they going to keep my equity because he filed bankruptcy ? Or send the check to him??
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I am a little confused by your comments... you said:

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.a week before escrow closed they took my name off the mortgage.

My name is on the original note, title insurance policy etc. etc.

are they going to foreclose since I'm not on the loan?​

Did you mean that you are not on the original Note or title insurance? If you were on the Note, you would be on the Mortgage as well because the person who signs the Note is responsible for repayment of the loan...

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Is the deed to the house in your name solely now?

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Did ex sign a quitclaim deed transferring it to you as part of the divorce?

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thanks

Barrister