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What are the rights of a party getting 50% of the title of…

Customer Question
What are the rights...

What are the rights of a party getting 50% of the title of my house in a strict foreclosure . Are my belongings furniture etc ... protected ?

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

No

Lawyer's Assistant: Where is the house located?

Ct

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

Can they force me to sell , and if so, are the mortgage and other liens on the property paid first ?

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 7 minutes by:
5/30/2018
Real Estate Lawyer: Loren, Lawyer replied 2 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,243
Experience: 30 years of real estate practice experience.
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Real Estate Lawyer: Loren, Lawyer replied 2 months ago
A foreclosure is a remedy in a secured loan where the title to collateral pledged in that loan is trasferred due to a default under the note.
The party taking the title in a mortgage foreclosure would not get title in the foreclosure to any property not pledged in the terms of the mortgage. So, unless the contents or chattel contained in the property were pledged as collateral, the foreclosure would not transfer those items. Only the collateral to the loan is transferred in a foreclosure. So, unless otherwise stated in the mortgage or order of foreclosure, your belongings are not at risk.
Once they become an owner in cotenancy with you it is legally possible that a sale could be legally forced, but that would require a court ordered partition and a separate legal action.If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Real Estate Lawyer: Loren, Lawyer replied 2 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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