Served For A Foreclosure For A Mortgage I'm Not On
Hey everyone I'll give the facts that I have, I have also sought legal counsel but still feeling quite muddy regarding my options.
Location: Sullivan County, New York
Five acres, three bedroom ranch House valued around $400,000 and the loan is only $200,000 at 3.5%
Issue: I've been named in a foreclosure summons for a property that I am not on the mortgage for, only the deed.
The mortgage was finalized in August 2021, with only my ex-husband as the guarantor. In November 2021 a quitclaim deed was filed to remove my now ex-husband's grandmother from the deed and place me on it. She retained life rights to remain on the property. It is believed she is still alive but she was very sick when I divorced in 2023.
In the divorce decree I released any rights to any interest in the property in order to avoid maintenance because I made more money than him. However my ex-husband did not file a new quit claim to remove me and so I remain. **Weird addition**the loan was reassigned in 2024 and he put his grandmother on the mortgage with him, and the notary stamp was from Idaho. I was not notified as Rocket Mortgage most likely did not have a copy of the most current deed.
My ex-husband is in self-destruct mode. It's wild that he's not paying a very affordable mortgage -$1400- on an beautiful home.
One lawyer said I should just let it ride and I'll just be named in the lawsuit but it won't affect me (probably) because I'm not on the mortgage. However I'm concerned that if I'm named in a foreclosure, anytime I apply for a mortgage in the future or a line of credit I will have to check that box "yes" when they ask about past foreclosures.
Another lawyer suggested I assume the mortgage and take over the property, if he'll sign it over which I doubt because he doesn't even speak to me. I also have the money to buy it outright and I can probably pay him off too if he's inclined.
Both lawyers I consulted suggested I reach out to him via email which I've done, I probably will never hear back.
Is it worth it to pursue trying to get this house or should I just let it ride?
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