Legal Question in Family Law in Minnesota
How do I get my name off the deed to a house that has gone into foreclosure?
I am in the final stages of a divorce, he is getting the house and he is the only one on the mortgage (yes I'm sure). I am on the deed and the deed only. I have not lived in the house in 8 months. I noticed that the house is now in foreclosure and is scheduled to be sold next week. I am also named on the foreclosure notice even though I�m not on the mortgage. The divorce will not be final before the sale of the house (I should have the final decree in 1-2 weeks) and the divorce paperwork reads that he owes me my half of the equity and counts as a lien against the house. The divorce paperwork also states that he will officially take over payments for the house in Oct 2007 (I paid the mortgage up through September and knew it was current when I turned the mortgage over to him). Will the foreclosure on the house still affect me legally and financially? If so, how can I get my name off the house/deed before the sale? If I take my name off the deed am I still entitled to my half of the equity as worded in the divorce paperwork?
1 Answer from Attorneys
Re: How do I get my name off the deed to a house that has gone into foreclosure?
First, if your name is not on the mortgage, you cannot be liable for that obligation. You were provided a copy of the foreclosure likely because your name is on the title.
Second, if the home is in foreclosure, chances are that there will be very little equity left and nothing paid out.
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