Legal Question in Real Estate Law in Ohio

foreclosure of previously owned property

I owned a property with my ex husband. It was in my name as his

credit wasn't good. In the divorce I gave him the property through a

quit claim deed which he had to sell.The property (house #3) was

sold and now the person who lives in it has defaulted on the loan. I

am being named as a defendant in a foreclosure on this property

along with the county title company and my bank from the house I

owned with my first husband (house # 1). I own my own house

now (house #2) and did at the time of the closing on the property

that is being disputed in foreclosure (house #3) yet this house is

not being mentioned in the dispute but the bank that handled the

loan for the house 10 years ago is. I do not know what to do at this

point. How can I be responsible for a foreclosure of a property I

sold? It was sold ovewr 2 years ago.


Asked on 1/06/04, 11:14 am

1 Answer from Attorneys

Re: foreclosure of previously owned property

It sounds as if your ex-husband never paid off the loan on house #3 and instead, the new owner assumed the loan and you did not get yourself removed from the mortgage when you did the quit-claim deed. Therefore you are still responsible under the original mortgage. I can't tell why house #1 would come into it but you need to go see an attorney so they can review the paperwork in question and see if you are truly liable. You must do this quickly since you have to file an answer on the foreclosure.

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Answered on 1/08/04, 5:48 pm


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