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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28320
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I am from Louisiana. I divorced me exhusband 3 years ago. He

Customer Question

I am from Louisiana. I divorced me exhusband 3 years ago. He bought a house when we were married I am not on the loan. When we went to divorce I told attorney I wanted to give all rights to him for the house and didnt want it. I don't recall any special papers for this.... Now I got a letter from a lawyer stating he let the hous be foreclosed and they are taking action against me as well for his debt. Am I liable? We are closing on our new home next week and sold the one we are currently in I don't want it to hurt our families situation. Thank you
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.

Good afternoon. I certainly understand the situation and your concern. Just to be clear, you never signed the note. You were only on title to the home?

Customer: replied 2 years ago.
correct and I just checked public record and it also confirmed i am on deed but not mortgage
Expert:  RealEstateAnswer replied 2 years ago.

Thank you. As a result of this, you would not be liable on the loan and they could not go after you. The reason you received the letter, based upon what you shared, is because the attorney is foreclosing on the home and if you are still on title, you have a legal right and interest and need to be placed on notice. You will be named in the complaint as well, since that will remove and wipe out your legal right and interest since it still remains and allow the lender to foreclose.

Customer: replied 2 years ago.
ok so even though lousiana is a community property state it wont show up on my credit or show up when they search foreclosures?
Expert:  RealEstateAnswer replied 2 years ago.

It would not show up on your credit report, since you are not on the loan. However, the foreclosure itself would be of public record, so they could potentially see this but as I shared, you were on the title, not the loan, so it does not necessarily go or effect your ability to pay the loan, which your current lender is looking at. What should have happened previously, is a quit claim deed should have been executed, transferring your legal right and interest in the home to him.

Expert:  RealEstateAnswer replied 2 years ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!