Legal Question in Real Estate Law in Connecticut
Forecloser: my home is falling into forecloser, the home is in my name only. If the bank goes for assets, can they take my wife's house which is in her name only?
1 Answer from Attorneys
In Connecticut, a creditor has legal title to the mortgaged property and the mortgagor has equitable title. Generally when a home is foreclosed, the equity of redemption is cut off and the debtor loses the right to redeem the property. Under our law, an action for strict foreclosure is brought by a mortgagee who, holding legal title, seeks to foreclose an equity of redemption unless the mortgagor satisfies the debt on or before his law day. Your wife�s home may not be seized unless the mortgage on the foreclosed home is in both of your names, or the title to the home is in both of your names. You have stated that the home is in your name only, so this should not be an issue.
If you have any further questions please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at [email protected].