Posted on: 23rd Feb, 2011 08:18 pm
When my wife and i purchased a home we were both on the original title at closing but only my wife was on the mortgage. We got a divorce 5 years ago and during the divorce the house was titled solely to me. I have never been on the mortgage. I have paid it until recently after losing my job. The mortgage company has refused to even talk to me regarding the pending foreclosure saying I have never been authorized on the account. (though in the past they have talked to me regarding past payment issues.) I have over 50% equity and am now being told they are filing for a foreclosure eviction to be served in the next few days and no one will talk to me. Can they foreclose on the house when I never signed agreement to the loan though I have always been on the title and am now the sole person on the title?
They have a loan on the property which says that if payment is not made they can foreclose right? So yes they can foreclose - You need to get the wife involved they will likely speak to her since it is in her name and if they foreclose it will be her credit that is damaged. You cannot get out from under this just because you are not on the mortgage......... sorry I know it isnt what you wanted to hear
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When the closing on our home took place both of our names were on the Deed/Title but only her name is on the mortgage. During our divorce her name was taken off the Deed/Title and my name is the only one that appears. The mortgage company was happy to take my checks for years and usually did not have a problem speaking to me about the mortgage in the past. My ex-wife has sent them several of their forms authorizing me to speak to them about this mortgage. When they "changed/upgraded" their computer systems about one year ago for an unknown reason these authorization/consent forms could not be found on the "new" system and could only be found on the "old" system. When I contacted their Loan Modification Unit the regular Customer Service Representative would always be happy to speak with me. When I was switched to a Supervisor/Manager I was told very curtly "You are not on the mortgage. I cannot speak with you about it." They will not talk to me, yet they will accept my money. Since they are supposed to be "helping" me while at the same time suing me this seems like a great conflict of interest. My ex-wife is trying to contact them to yet again authorize me to speak with them regarding the mortgage. I am retaining an attorney regarding this matter. Do you have any other suggestions for me? Thank you very much for your time.
You should immediately take the help of an attorney in this matter. It would have been better of you could have refinanced the mortgage in your name.
The property is collateral for the mortgage.
It does not matter whose name(s) are on the deed today.
The lender can foreclose if the payments are not made as required.
It does not matter whose name(s) are on the deed today.
The lender can foreclose if the payments are not made as required.
