[Mystic2094]

...that has gone into foreclosure? (I am NOT on the mortgage)? I am in the middle of a divorce, he is getting the house and he is the only one on the mortgage (yes I'm sure). I have not lived in the house in 8 months. I noticed that the house is now in foreclosure and is scheduled to be sold next week. I am also named on the foreclosure notice even though I?m not on the mortgage. The divorce will not be final before the sale of the house (I should have the final decree in 1-2 weeks) and the divorce paperwork reads that he owes me my half of the equity and counts as a lien against the house. The divorce paperwork also states that he will officially take over payments for the house in Oct 2007 (I paid the mortgage up through September and knew it was current when I turned the mortgage over to him). Will the foreclosure on the house still affect me legally and financially? If so, how can I get my name off the house/deed before the sale? If I take my name off the deed am I still entitled to my half of the equity as worded in the divorce paperwork?

[*Almost ready*]

You've got a lot of stuff going on here. But from the way you have explained it, it almost sounds as if you aren't really on the Deed either. That you are listed in the foreclosure because of your dower interest. If your name was actually listed on the Deed then you would more than likely be on the Mortgage. Most banks aren't going to put a mortgage in one name and not the other. If your soon to be exhusband filed for bankruptcy and he was the only one on the mortgage, then the bank would be screwed, but if you were on the mortgage, then they could go after you.

Honestly, I think you should probably check with your Divorce Attorney. This matter could affect your share in the divorce, so it is best to bring it up to him or her so they can assist you.

[McyD]

I am not sure what you can do now that it is in foreclosure. Check with your attorney. You may be able to do a quick claim deed in order to remove your name. However, if your name is not on the loan I find it odd that they put your name on the foreclosure notice. You might contact the bank.

Good luck!

[holleewd]

it might help to contact the title company that wrote the policy on the property, good luck.