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My fiance's house and mine the mortgage is solely in his…

My fiance's house and...

My fiance's house and mine the mortgage is solely in his name the deed is in mine and his name he gave me a sign the paper that was the deed but I did not file it until a couple months ago We he was not paying the bills I was paying the mortgage he was not giving me any money and something happens so I stopped paying to the house is going to go into foreclosure my question is will they have to come to me first to see what I want to do or can they sell the house right from under me even though my name is ***** ***** deed because I've invested a lot of money in this home all I want to do is sell it and get my money back out

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

This is in the state of Pennsylvania in Luzerne County

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

The only thing I have done was make sure I filed the deed at the courthouse and paid the taxes of $1,400 to file the deed to put my name on it legally

Lawyer's Assistant: Where is the house located?

In Pennsylvania in Luzerne County

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have four years invested a lot of money in this home fixing it I just would like to be able to sell it quick before it goes into total foreclosure they said it will go to the lawyers on April 18th they also said I could apply for some kind of modification or have him apply for a modification loan he has done this in the past

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Answered in 4 minutes by:
3/20/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,510
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

The bank will notify you of any pending foreclosure sale on the property since you are the legal owner of the property. So as the foreclosure process moves ahead if no one is paying the mortgage, you will get notices along with your fiance since he is on the mortgage..

.

But no, they don't contact you to see what you want to do.. the house is collateral for the loan, regardless of whose name it is in. If no one is paying the mortgage, they will file against fiance to foreclose and then sell the house at public auction..

.

So if you wanted to try and sell it privately, you would want to get it on the market pretty quickly before word gets out it is being foreclosed on as many buyers would then just wait and bid at the foreclosure sale.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
I have no legal right to the house at all with my name being on that deed why can't they just foreclose on him and give me time to sell the house

Because the house is what is pledged as collateral for the loan... and that is what gets sold to try to pay off the mortgage in the foreclosure action. So when they foreclose on him, they are selling the house... that is what a foreclosure is...

.

The only way you would get to keep the house is if you bought it at the public auction and were the high bidder.

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,510
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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