Legal Question in Real Estate Law in California

In 2009 my ex-husband and I divorced. One of the terms of the divorce is that because our property was entering foreclosure he was to apply for a loan modification which he did. The loan modification was denied and now the company handling the loan modification is going through some sort of lawsuit with the lender regarding this supposed �denial�. My question is that both him and I are on the loan and title of the house. However the loan modification company is indicating that they are not at liberty to release any information to me because I am not the primary person on the title/loan. This doesn�t make sense to me because I am still held financially responsible for the property. What are my rights here and how do I get them to release information?


Asked on 2/03/10, 12:40 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

What else did the divorce property settlement say about the house? Was it to be retained by the two of you as tenants in common, or was it to be sold, or were the ownership and the associated debt allocated to one or the other? If you used an attorney in the dissolution of marriage proceeding, that's where you should first look for an answer.

Next, a lot of supposed loan-modification companies have turned out to be either incompetent, outright fraudulent, or both. Your ex may have made a bad choice to handle the modification request for him. Maybe you can contact the lender directly - what the loan modification company is telling you is a put-off, probably so they don't have to explain to one more person how they either screwed up or did almost nothing except cash the check your ex gave them for their services.

Who is living in the house? That person is in the better position to receive notices regarding foreclosure activity, You should consider recording a "Request for Notice of Default" with the county recorder so you'll get notices regarding the property.

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Answered on 2/11/10, 10:50 pm


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