mortage

[Anonymous]

left my husband in Illinois and moved to florida still married 2009  around 2014 he files bankruphy chapter 7 on our house (both names are on the loan) I did not file.  he, then got a loan mod they forgave 47,000. both of us  got a 1099-C. ( I didnt claim this as income)  I had to send a  quick claim deed,  when checking my credit score  I saw the mod company show up on my credit report. I didnt sign anything I called them. they said he could walk away and I would then be responsible for the loan.  we divorced in 2016 after all this was done.  the divorce papers state he is responsible for the house. the mod place says none of that matters he could walk away and they will then be talking to me  he is unable to do a re-fi.  I am trying to protect myself.  1. can he sell it without my signature? do I own the house? can I sell it without him ?  what will happen if he dies? should I file bankruphy?  what is he stops paying? Im just finding out what on earth I need to do. I would have a difficult time hiring an attorney I live pretty much check to check  thank you any help would be awsome.

[Anonymous]

What I could make out of that I can say that if you signed a QC deed to take your name OFF the title, then no you do not own the house.  No you cannot sell if it you don't own it.  Yes he can sell it without you.   If the QC was NOT to take you off, then you both probably still are in joint title.  You should be able to pull up a copy of the recorded documents in the county where the property is.   All you need is the address (maybe the legal desc such as lot/block/subdivision). 

If the mod company had you do the QC to take you out of title, that doesnt relinquish you from the orig mortgage, unless he refi'd by himself after you did the QC. 

Lots of if's here...

[kc0039]

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@Anonymous wrote:

left my husband in Illinois and moved to florida still married 2009  around 2014 he files bankruphy chapter 7 on our house (both names are on the loan) I did not file.  he, then got a loan mod they forgave 47,000. both of us  got a 1099-C. ( I didnt claim this as income)  I had to send a  quick claim deed,  when checking my credit score  I saw the mod company show up on my credit report. I didnt sign anything I called them. they said he could walk away and I would then be responsible for the loan.  we divorced in 2016 after all this was done.  the divorce papers state he is responsible for the house. the mod place says none of that matters he could walk away and they will then be talking to me  he is unable to do a re-fi.  I am trying to protect myself.  1. can he sell it without my signature? do I own the house? can I sell it without him ?  what will happen if he dies? should I file bankruphy?  what is he stops paying? Im just finding out what on earth I need to do. I would have a difficult time hiring an attorney I live pretty much check to check  thank you any help would be awsome.

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Everything will be dictated by the divorce decree. Mortgage lenders have to abide by the divorce decree.

1. Yes he sell without your signature because you're not on title. No, you do not own the house anymore. See above

2. If he stops paying, your credit will take a big hit. Same thing if he dies. If he dies, the mortgage company has to go after someone. If he dies and your name is still on it, you should still be liable for it unless your divorce decree states otherwise. You'll be able to find the details in your Marital Settlement Agreement.

[Anonymous]

the quick claim is to have my name taken off the title. the divorce decree says he is soley responsible  for the house  taxes and insurance. the modification company said that because I sent him the quick claim deed  I agreed to the modification I got a copy of the mod  documents  I signed nothing   the only place that I am is on the original loan that was used in the chapter 7    what should be the next step for me to do?

[Anonymous]

thank you for the info,  Im just trying to protect my credit , Im trying to figure out  what to do next

Thank you

DeDe 

[StartingOver10]

You need an attorney at this point.

Simple explanation here:  The deed shows the ownership of the property.  The money you (and your husband) borrowed to purchase the home (or refi) is evidenced by the note that was signed. The mortgage attaches a lien to the house for the funds borrowed.  The people that sign the note are responsible for repayment (you and your husband). 

When you signed the Quit Claim (not Quick) deed, you were removing yourself from the ownership of the property (if this QC deed was done correctly).

When your husband filed BK and was discharged, the responsibility for repayment of the mortgage falls on you since you have not also discharged the debt.

I don't know if the divorce decree over rides the signing of the mortgage note, that is an area you need to clarify with a good real estate attorney. 

For credit reporting purposes, the lender doesn't follow the divorce decree at all. If you signed the note, then they can report the payment status on your credit report. 

[Anonymous]

wow, thank you  Im still so confused The place that did the modification says entirely different, just so confusing  

Thanks again DeDe

[StartingOver10]

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@Anonymous wrote:

wow, thank you  Im still so confused The place that did the modification says entirely different, just so confusing  

Thanks again DeDe

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^^^What do you mean by that phrase  (in red)?  The only people that can modify the loan is the lender. Did you use a third party to modify the loan or help you negotiate a modification? 

Are you paying the lender the modified loan payment or are you paying someone else?  

I don't mean to sound harsh. I am trying to determine if you are working with a real modification co or not. I do think you need a consult with a good real estate attorney. It will be worth your while to put these questions to rest and go in the right direction. Not just any attorney, a real estate attorney IMO is the best thing for your situation right now.

[Anonymous]

Im not paying anyone  I believe he  isnt paying the mortage the house was given up in a chapter 7  and  he payed a company (who didnt have the original loan)   $4000.00 to do a modification Ocwen is the company they told

 me that   if something happened to him  I would be responsible for the loan  that the quit claim deed,divorce papers  or the fact that I had zero involvement with any of this. I was told he could walk away and they couldnt go after him. but since my name was on the original mortage  I would still own the house,could sell it or have him evicted

Thank you

DeDe

[Anonymous]

would a florida attorney  beable to help me with Illinois law?  

Thanks

Deb