Loans, Debt & Credit - View Single Post - forclosure after divorce

kirgreen · 10-04-2009, 08:41 PM

Okay,

I'll definitely take the advice about finding some legal aid, as I'm afraid if I do nothing, I'll find out later I could have prevented all of this. I'm not sure where to go for legal aid but I will search around for more info on that.

I just went through the papers again, (the ones sent with the serving), this is what I have

1st mortgage) First twelve pages are labeled "MORTGAGE" and this does have my initials. The last 2 pages are labeled NOTE and only have his. I contacted an attorney on Monday and he did a quick talk with me. He said Mortgage is the promise to pay and hold me liable, the Note is the Loan and the financing. It made sense when he said it. Neither first or second loan are on my credit and I checked on Wednesday (all 3 reports.) You would think if he hasn't paid since Aug 2008 (as per papers served) it would have hit my credit. I also went to the website for the county and downloaded all the copies I could find of everything.

The wording is what scares me: i.e. ....the notice of the lawsuit says xx his named, joined by his spouse, my name, to the lender. It also says the mortgage and note are attached.

Mortgage has this: blah, blah, any Borrower who cosigns this security instrument but does NOT execute the NOTE is (a) cosigns only to mortgage, grant and convey the interest in the property (wordier version) and (b) is not personally obligated to pay the sums secured by this Security Instrument. Is this good news????

I'm pulling copies of the second loan again to see what I can find. I never thought that someone could have done it online. Duh! And yes, it was closed and finalized 1 1/2 months after I moved out and he filed for divorce.

Also, please accept my apology about the misspellings. Ugg. Typing fast. Thank you all for your advice so far.

Kirstie

10-04-2009, 08:41 PM	#4 (permalink)
kirgreen Member Join Date: Oct 2009 Posts: 10 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: foreclosure after divorce - fl Okay, I'll definitely take the advice about finding some legal aid, as I'm afraid if I do nothing, I'll find out later I could have prevented all of this. I'm not sure where to go for legal aid but I will search around for more info on that. I just went through the papers again, (the ones sent with the serving), this is what I have1st mortgage) First twelve pages are labeled "MORTGAGE" and this does have my initials. The last 2 pages are labeled NOTE and only have his. I contacted an attorney on Monday and he did a quick talk with me. He said Mortgage is the promise to pay and hold me liable, the Note is the Loan and the financing. It made sense when he said it. Neither first or second loan are on my credit and I checked on Wednesday (all 3 reports.) You would think if he hasn't paid since Aug 2008 (as per papers served) it would have hit my credit. I also went to the website for the county and downloaded all the copies I could find of everything. The wording is what scares me: i.e. ....the notice of the lawsuit says xx his named, joined by his spouse, my name, to the lender. It also says the mortgage and note are attached. Mortgage has this: blah, blah, any Borrower who cosigns this security instrument but does NOT execute the NOTE is (a) cosigns only to mortgage, grant and convey the interest in the property (wordier version) and (b) is not personally obligated to pay the sums secured by this Security Instrument. Is this good news???? I'm pulling copies of the second loan again to see what I can find. I never thought that someone could have done it online. Duh! And yes, it was closed and finalized 1 1/2 months after I moved out and he filed for divorce. Also, please accept my apology about the misspellings. Ugg. Typing fast. Thank you all for your advice so far. Kirstie