Legal Question in Real Estate Law in Kentucky
deed mistake with foreclosure
I am foreclosing on my home. Tonight I found out they are also going after the seller (person I bought my home from) because they never took her name off of the deed when I purchased the home. I am really worried about how this will affect me. She has hired an attorney to look into this. Is there anything I can do? Is it okay that the mortgage company made this mistake and now going after both of us and her husband? Please help.
1 Answer from Attorneys
Re: deed mistake with foreclosure
It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented.
Your legal position and recommended course of action depend greatly upon the exact wording of the deeds and mortgages relating to your home. Your rights are also dependent upon whether you, the seller, and other persons signed these documents.
It is virtually impossible for an attorney to advise you of your rights and obligations under the terms of a written document, without having an opportunity to review that document.
From what you have indicated, it appears that the mortgage company has made a serious mistake. Because of the large amount of money involved, you should immediately seek the services of a Kentucky attorney, to protect your rights.
You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:
http://www.kybar.org/Default.aspx?tabid=291
Good luck!
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