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  1. #1
    Join Date
    Jun 2008
    Posts
    4

    Default Foreclosure With Husband On Note, But Wife Owns Land

    My question involves a foreclosure in the State of: Florida
    I recently was contacted by a attorney involving the foreclosure of my ex-husbands home in Florida. I was awarded the home in the divorce and only kept it for a year and decided to let my husband have the home back as I was moving out of state. this has been about four years ago. My ex-husbands name alone is on the loan note, but the property is deeded in my name alone. The attorneys for the mortgage company want me to quit claim deed them the property so as to evict him. Also there is one lien on the property in the amount of 4,000. They have sent me a deed and grantor's affidavit for review and signature. My question is what is going on? ?Why do they need me to give them the property to foreclose on him and evict him? Can I be sued for the money owed if my name is not on the mortgage note? Is it possible to have them remove the mobile and I keep the land?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Foreclosure With Husband On Note, But Wife Owns Land

    What exactly are the facts? Are you stating that the mortgage relates only to a mobile home situated on the land?

  3. #3
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Foreclosure With Husband On Note, But Wife Owns Land

    When we purchased the mobile in 97 we financed 70,000 to buy the mobile and to pay off the land we were living on. I don't know all the particulars on the mortgage that was set forth, as my ex-husband was very controlling and did not want my name on anything if possible. I was told that my name was on the mortgage but not the note. I don't see as to were the mortgage company has a lien on anything. I am confused.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Foreclosure With Husband On Note, But Wife Owns Land

    And your spouse was not on the title to the land at that time? And the mortgage attached to what? Just the mobile home?

    I think you should run this past the lawyer who helped you with your divorce.

  5. #5
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Foreclosure With Husband On Note, But Wife Owns Land

    Yes my ex-husband was on the deed at the time, but when we divorced I was awarded the home and a deed was drawn up by my attorney and documented at the court house, I was given two years to have the mortgage note put into my name, but I chose to give him the home back and move out of state. As far as the mortgage is concerned I am not clear as to what was on that. I remember are loan was for seventy thousand, and with this amount we paid are land off but I don't know what type of stipulations were on the loan etc. and I do not have a copy of this. I do plan on consulting a attorney next week, I just was hoping to get some answeres here in the mean time. I don't understand why they can't evict him if he is not paying the mortgage and why they would need for me to sign over the property to them. Thank you for helping me.

  6. #6
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Foreclosure With Husband On Note, But Wife Owns Land

    Also in the paperwork the attorney sent me, it is only the land that is listed on the deed that they are wanting me to sign over to them.

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