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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40092
Experience:  Texas Attorney for 30 years dealing in real estate
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The situation, in brief is: My X-wife's house is about to go

Customer Question

Hello, the situation, in brief is: My X-wife's house is about to go in to foreclosure. I am the only one listed on the mortgage, she and our kids are on the title (I am not) I am trying to set up a short sale and the mortgage company is refusing to speak with my real estate agent even though I have already signed the authorization.
My biggest concern, is that the mortgage company will attempt to attach my assets to cover their losses. my home is "Homesteaded", in the state of Florida.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.

Customer: replied 9 months ago.
Sorry this is in Florida I don't think Texas law can help
Expert:  Ray replied 9 months ago.

You might want to see if ex wife and kids would quit claim it back to you so you can then deal with a short sale as owner.Since no profit here why not try to get the others to do this quickly.

As far as your homestead Florida has unlimited homestead protection.They can lien the property but not foreclose.I am very familiar with Florida law.

Let me know if you have more follow up.

Expert:  Ray replied 9 months ago.

A quit claim from the ex and kids to you would give you clear title here and allow you to short sell it.

Customer: replied 9 months ago.
The problem is the mortgage holder "Nationstar" which is in Texas refuses to talk with my agent, I am not as much worried about their house as I am Nationstar coming after my house
Expert:  Ray replied 9 months ago.

Reference to unlimited homestead protection--note they cannot force a sale but can cloud title with a judgment here in Florida

https://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/676708b839c94b6985256c9c0062ceb3!OpenDocument&Highlight=0,*

Well a quit claim deed on the property would give you title and force them to talk to you.

Expert:  Ray replied 9 months ago.

They cannot take a Florida Homestead it is protected 100% by law.See reference above.

Expert:  Ray replied 9 months ago.

Is the house for short sale itself in Texas?

Expert:  Ray replied 9 months ago.

Is problem with title --is ex alive here and able to sign it over to you as well as kids?

Customer: replied 9 months ago.
We can either do a docusign or express mail they moved to Ohio
Expert:  Ray replied 9 months ago.

I am assuming property is in Texas?

Here are Texas quit claim forms you would just fill in names and notary state is Ohio.

https://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/676708b839c94b6985256c9c0062ceb3!OpenDocument&Highlight=0,*

Verify Texas is where the property is-

Customer: replied 9 months ago.
how can I keep them from putting a lien on my property. tThe majority of the damage to the house came because Nationstar refused to give out the check from the insurance company to fix the original issue
Customer: replied 9 months ago.
none of the homes we are dealing with are in Texas. the home that is being foreclosed (or short sale) is in Port Charlotte Fl
My home is in Naples Florida and my kids home is in Ohio
Customer: replied 9 months ago.
My home in Naples is paid for no mortgage, my kids home in Ohio is paid for no mortgage
Expert:  Ray replied 9 months ago.

Once you are the legal owner you can seek approval for a short sale or a deed in lieu.Deed in lieu involves you deeding it back and they do not seek deficiency judgment.These are better options once you have legal title..

Florida quit claim forms

http://www.clayclerk.com/wp-content/uploads/2014/11/Quitclaim-Deed.pdf

First step to get legal title back from the others and so bank will talk to you here.

Then ask about short sale or deed in lieu as alternatives.

http://www.clayclerk.com/wp-content/uploads/2014/11/Quitclaim-Deed.pdf

They would get deficiency judgment against you only if loan is in your name only.

All foreclosures in Florida are judicial ones involving a civil suit and deficiency unless you can resolve it with the above.

Expert:  Ray replied 9 months ago.

Naples home cannot be foreclosed on but they can cloud title if they get a judgment against you here.

Customer: replied 9 months ago.
This whole mess started when Charlotte county utilities rammed a rod through her drain-field and caused a sewage leak and apparently back pressure which broke the hose and drainfield off the septic tank! they refused to be accountable or responsible
Customer: replied 9 months ago.
how do I submit a "Deed in Lieu" form and where would I get one?
Expert:  Ray replied 9 months ago.

Once you have title again here is reference to Florida deed in lieu.

http://www.floridaconsumerlawcenter.com/foreclosures/deed-in-lieu-of-foreclosure/

This is going to be tough here because you have paid for real estate.It will be hard to convince them to agree to a short sale or deed in lieu.

Sorry the utilities did this to you.I would try to regain title first from ex and kids.The lender will prepare the deed in lieu with instructions if they agree to accept it.

Expert:  Ray replied 9 months ago.

You would sign the deed in lieu here if others have quit claimed it back to you.

Customer: replied 9 months ago.
What if they don't agree
Expert:  Ray replied 9 months ago.

Then the lender forecloses gets deficiency against you records it to lien your property and thats it.When you decease--its no longer your homestead then they will take it or force sale for the amount of the judgment.

Remember her you are free to transfer property at the moment to someone else--I am talking about your homestead prior to foreclosure.

Expert:  Ray replied 9 months ago.

You will be served here with judicial foreclosure suit when they file it.

Expert:  Ray replied 9 months ago.

See if you can get the quit claim and then see what kind of deal you can make here.

Customer: replied 9 months ago.
Nationstar made it worse by holding on the the check that we got after suing the Homeowners insurance company! They insisted on 8 pages of "bureaucratic buffoonery" including that the contracto had to take less for the work and only get paid when they felt like paying them
Expert:  Ray replied 9 months ago.

Well you may have a civil suit against them if they acted illegally or unreasonably.

Thanks again for the chance to help today.I wish you the best.

Customer: replied 9 months ago.
I can transfer the title to someone else before I die and they can't do anything about it? What about the fact that the title and the homestead are both in my name and in my wife's name (current wife not x wife)
Expert:  Ray replied 9 months ago.

You can transfer it now since you haven't been sued.There is no lien against it as you don't own it.If you do this say at your death the judgment lien passes with property.But now there is no judgment you would be able transfer it clear or sell it.The exemption will protect you from for closure for your life.

Thanks again.

Expert:  Ray replied 9 months ago.

If you can positive rate it is always much appreciated.The best to you here.