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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31685
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Y husband & I purchased our home in 2006 via a Deed of

Customer Question

y husband & I purchased our home in 2006 via a Deed of Trust, owner "carryback". We have a perfect payment record on our mortgage loan. As of Aug 2015 I obtained a divorce frim my husband & he dropped all responsibility for the mortgage & bills on me. I receive SSA Disability, full time permanent, as of 2005 & was previously dependent upon my husband financially. I did not receive my first alimony check until mid Aug & have necessarily been forced to pay my mortgage late & in partial payments. I ave been in contact with the woman who holds our hime loan, explaining my situation, financial hardship & TEMPORARY payment schedule. I expect to be able of paying both Aug AND Sept mortgage IN FULL by Oct 1. At first the woman agreed to this & has accepted 2 partial payments on account fir the mortgage. However, as of today, I received an email from her stating she "could/would not deal with me under these circumstances" & would gave her attorney contact me regarding RELINQUISHING OWNERSHIP OF MY HOME IMMEDIATELY & VACATING THE PREMISES.
***IS THIS LEGAL?! & What are my options or necessary action?
Thank you!
Julie Choate ***@******.*** (###) ###-####
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

No, there is no "immediate relinquishment" of your property.......and in order for the lender to take the property back, it would require a foreclosure proceeding. However, if you are able to catch the note up and bring it current, that should stop any such foreclosure action.

Expert:  Roger replied 1 year ago.

Because of the advances made by the lender, you may want to consult a local lawyer to respond and inform the lender of the law related to your situation, the fact that you will be bringing things current and the fact that there is no immediate relinquishment of the property.