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Foreclosure questions... How can I find out the status?

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  • Foreclosure questions... How can I find out the status?

    I am divorced and my ex has physical ownership of our house. The house went into foreclosure proceedings in 2009 and to this date has not been finalized. How can I find out the status as he does not want to give me any answers? It shows on my credit report as behind in payments. A foreclosure would eventually come off my report but in this state it seems that it never will. Also, I think there is any issue with me possibly not being responsible as he is listed on the mortgage as the only owner but I am being held responsible on my credit report even though I have not lived there since 2013. This is negatively affecting my ability to get a car loan.

  • #2
    re: Foreclosure questions... How can I find out the status?

    Originally posted by flmom View Post
    I am divorced and my ex has physical ownership of our house. The house went into foreclosure proceedings in 2009 and to this date has not been finalized. How can I find out the status as he does not want to give me any answers? It shows on my credit report as behind in payments. A foreclosure would eventually come off my report but in this state it seems that it never will. Also, I think there is any issue with me possibly not being responsible as he is listed on the mortgage as the only owner but I am being held responsible on my credit report even though I have not lived there since 2013. This is negatively affecting my ability to get a car loan.
    When foreclosure is filed there is a file with the court, presuming you are in a judicial foreclosure state. If you supplement your post with the state in which you reside, a more definitive answer can be given.

    Living in a house does not obligate one to pay a mortgage. Being one of the signers of the mortgage note, however, does.

    You may also contact the mortgage company to see if you can get a reply from them as to whether they are looking to you for payment on the delinquent note and upon what grounds if you did not sign for the mortgage. If you did not sign, the property was awarded to him during the divorce, it is hard to see how you can be held for an obligation that is solely his.

    In judicial foreclosure states deficiency can be collected if the lender sells for less than the mortgage amount. In some states like Florida a lender can collect a deficiency judgment for as long as 20 years. This is no small matter that it behooves you to clear up asap.

    My recommendation is that you do as much homework as you can to find out the status of the delinquent loan and see a real estate attorney to get the matter cleared up so you are not held for a delinquent loan that it may turn out is no liability of yours after all.

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    • #3
      Re: Foreclosure questions... How can I find out the status?

      I live in Florida. The mortgage is in his name only but for some reason it is showing on my credit report I assumed because we were married. I really cannot afford an attorney so I am trying to research on my own but I really want to clear this up as you say for something I may not be responsible for. thank you for your advice

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      • #4
        Re: Foreclosure questions... How can I find out the status?

        If it's not possible to ask the owner if the home is in foreclosure or you want to be certain of the home's foreclosure status, go to the county website where the home is located. Notices of Defaults are public information. Everyone has a right to access this information. Search the county's website until you find public information for homes in foreclosure. You can also call the county. Depending on the county, you may have to go down to the county court house in person for information about foreclosure properties.

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        • #5
          Re: Foreclosure questions... How can I find out the status?

          Originally posted by flmom View Post
          I live in Florida. The mortgage is in his name only but for some reason it is showing on my credit report I assumed because we were married. I really cannot afford an attorney so I am trying to research on my own but I really want to clear this up as you say for something I may not be responsible for. thank you for your advice
          Florida is a state where judicial foreclosure is the process. And deficiency judgments can be had on short sales or foreclosure sales -- that are valid for 20 years. Without knowledge of how that foreclosure is filed -- whether you are named as well as your husband -- it is impossible for anyone to tell whether or not you would be impacted by having the foreclosure on your credit report -- and extremely important -- whether or not a deficiency judgment could be entered against you.

          It is imperative you gain access to the court file. Most Florida counties I know have their court dockets online. Find out if you are co defendant in the foreclosure suit. if you did not sign the mortgage note, then you will need to be sure you are not named as defendant, do not end up with a foreclosure on your record -- and worst case scenario, have a judgment against you for 20 years should they sell for less than the mortgage amount.

          If you find you are named as defendant in the foreclosure suit, it is imperative that you get an attorney to get you removed and the record set straight. If you think it is expensive for an hour or two of a lawyer's time -- a consultation, at least -- having a foreclosure on your record will not only keep you from buying cars, mortgaging a home of your home for quite a while, will drop your credit score low enough perhaps that you may even have trouble renting -- and your car insurance will cost you more. The differential in insurance alone may well be more than an hour or two of a lawyer's time.

          Check the court record. And then decide how far you need to go to clear the situation up.

          Comment


          • #6
            Re: Foreclosure questions... How can I find out the status?

            The document I found on the court website showed a motion to dismiss foreclosure. The order says the "motion is granted without prejudice" Does this mean there is no longer a foreclosure on the house? If so should the credit bureaus have to remove from my credit report?

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