Legal Question in Real Estate Law in New York

Re: foreclosure

This requires immediate attention..did you have an attorney for your matrimonial..if you did, begin there unless he is the attorney that never filed the deed...but that raises others issues with the mortgage.

Feel free to call me 845.878.2163 for a quick free phone consult. There are many issues that are complex here.

Good Luck

RRG

Re: foreclosure

Robert provides a partial answer. Not having seen your Divorce Judgment or Settlement Agreement, if there was one, only allows me to provide a general answer. You do not say if thyere was any consideration paid to you for the Quit Claim Deed or if you merely signed off to be relieved of the mortgage liability. You also do not say if the mortgage holder consented to this, and agreed to relieve you from further mortgage liability? Having some agreement, by the Judgment or settlement does not automatically releive you from liability to the Mortgage holder, if you were on the original Note and Mortgage. Neither does the filing of a Quit-Claim Deed. You need a good real estate or martimonial attorney to assist you. You might want to negotiate with the mortgage company to accept a Deed in Lieu of Foreclosure, so you will not be held responsible if the property is worth less or sells for less (on a foreclosure sale)than the mortgage balance, plus costs of sale. Also, there are matrimonial ramifications if your "x" breached any of his obligations by filing the bankruptcy, and an issue of whether or not his filing for bankruptcy stops the foreclosure from going forward for both of you or just for him.