If the deed states, for example, Joe Smith and Mary Smith, husband and wife, or tenants by the entireties or joint tenants with rights of survivorship, then your deceased husband's ownership automatically passed to you at the time of his death and you can sell by recording the death certificate (and possibly an affidavit of continuous marriage) with the deed from you to the buyers. If the deed reads "tenants in common" then his interest will not pass automatically and his estate may have to be...
As Mr. Gallo stated, merely quit-claiming the home to your "ex" will not remove you from the deed or note. If your divorce decree required your ex to refinance, then that agreement may be enforceable by the court. As long as you remain on the note, you are jointly responsible with your ex for the loan. See a real estate attorney (such as Hagen Law Firm here in Fort Myers) or a family law attorney right away for advice on resolvinge this impasse.
You may have an extended period of time before the first mortgage holder refiles a foreclosure action and even when they do you very well may have in excess of a year thereafter especially if you retain a good foreclosure defense attorney. Above all, do not ignore a summons and complaint if you are served.
The Hagen Law Firm has been very involved in tax deed buyer representation and the subsequent Circuit Court quiet title actions since 2004. If you are not experienced in these investments a good place to start is with a one hour consultation as to the ins and outs of the tax deed process. Tax deeds can be a good opportunity for a patient and careful investor. Check out our website at MikeHagen.com. Thank you.
I recommend across the board that any borrower have their attorney review a loan mod agreement before executing it. It is unclear whether you are about to sign a permanent mod or a trial mod. One of the most important things to know is that almost without exception the lender will require a borrower to complete that "trial mod" by timely paying the mortgage for three consecutive months before the permanent mod is offered. We have seen numerous instances where a client has fulfilled the...
I agree with Attorney Pippen: one must know ALL the facts before commenting on another attorney's services. The tme to complete a probate can vary widely based upon the complexity and facts involved. Call your attorney for an in-person appointment and get an update from him or her.
Yes, you will still be the owners, but I assume your son-in-law's motive for asking you to sign the "affidavit" is to obtain proof of your "handshake" agreement. His effort has merit although an affidavit is not the proper means to memorialize your agreement. You should have a real estate attorney draft an agreement spelling out the mutual terms and and conditions of this agreement and have all parties sign it. Such front-end agreements avoid many, many disputes down the road but, unfortunately,...
The lender will attempt to prove their case by introducing evidence and taking testimony and will ask the judge to enter a final judgment of foreclosure and to set a foreclosure sale date. You may be able to contest this effort and should obtain counsel if you wish to do so.
Unfortunately, your nightmare is unlikely to be over. You are still on the hook for the mortgage. The likely event is that the lender will still foreclose, extinguish the HOA's ownership and you may still be responsible to pay it the deficiency, that is, the difference between the judgment amount and the sale price. Debt collection income may be among the least of your worries. Bankruptcy may be a very viable option for you. Contact a foreclosure defense/bankrupcty attorney right away.
I agree that there are some key unstated facts here that may bear on the answer. The mere fact that your landlord, the borrower, was sued for foreclosure did not provide legal justification for you to vacate the premises. The landlord still owned the house despite the suit and still had the right to lease it. You are unlikely to prevail in an effort to obtain a return of your security deposit but in order to get a firm opinion, meet with a real estate attorney.