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  1. #1
    Join Date
    Dec 2009
    Location
    Milwaukee
    Posts
    1

    Default Named Defendant on Foreclosure Without Being on the Note

    My question involves a foreclosure in the State of: Wisconsin

    I am a mortgage loan originator in Wisconsin. I did a mortgage in January of 2006 for a woman who was getting divorced and was awarded the house in the divorce settlement.

    The divorce proceedings were just final at the time of the refinance closing, but there was no corresponding paperwork--so the title/closing company had the (ex)Husband sign the mortgage document. He, however, is not on the note and was also QQD'ed off of title.

    The house went into foreclosure earlier this fall and he is a named defendant. What can happen to him legally and what damage, if any, will be on his credit report?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Named Defendant on Foreclosure Without Being on the Note

    If he's on the mortgage he can be held responsible for the unpaid balance to the extent permitted by your state's foreclosure laws. You should be familiar with those laws already, so I'm not going to research them for you.

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