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  1. #1
    Junior Member serwin's Avatar
    Join Date
    Aug 2012
    Posts
    1

    42 months and no NOD??? BofA

    I separated from my x-wife 3 1/2 years ago and have been divorced for the last two. My wife stayed in the house and has not made any payments for 3 years.


    I separated from my x-wife almost 4 years ago and have now been divorced 2 years. She has not made a payment on this house for the last 42 months.

    We owned this home in CA sense 2002. The first is with BofA (old Coutry Wide Loan) for 485k and a second home equity line for 100K is with BofA. Value of the house currently is maybe 550k. 10 acres, 3000sqft nice house


    Past due is 150k+, not including taxes and home owners insurance....


    I know BofA purchased troubled Country Wide and there was some issues with the quality of the loans Docs Country Wide Made.


    I am getting calls from Real Time Solutions and they ask me if we want to do a short sale but there is nothing I can do without my x-wifes participation. She is living there for free why should she participate.


    I would like to get this behind me but BofA won't foreclose.


    Why??? it's been three years!!!??? Could BofA lost the loan Docs?

  2. #2
    Senior Member bankwhipped's Avatar
    Join Date
    Apr 2011
    Location
    Florida
    Posts
    126
    Quote Originally Posted by serwin View Post
    I separated from my x-wife 3 1/2 years ago and have been divorced for the last two. My wife stayed in the house and has not made any payments for 3 years.


    I separated from my x-wife almost 4 years ago and have now been divorced 2 years. She has not made a payment on this house for the last 42 months.

    We owned this home in CA sense 2002. The first is with BofA (old Coutry Wide Loan) for 485k and a second home equity line for 100K is with BofA. Value of the house currently is maybe 550k. 10 acres, 3000sqft nice house


    Past due is 150k+, not including taxes and home owners insurance....


    I know BofA purchased troubled Country Wide and there was some issues with the quality of the loans Docs Country Wide Made.


    I am getting calls from Real Time Solutions and they ask me if we want to do a short sale but there is nothing I can do without my x-wifes participation. She is living there for free why should she participate.


    I would like to get this behind me but BofA won't foreclose.


    Why??? it's been three years!!!??? Could BofA lost the loan Docs?
    Check your state's laws on SOL. I believe that after a number of years without any action you could possibly end up owning the house free & clear (or your ex) I would check with an attorney.

  3. #3
    Senior Member Jeffrey L. Shurtliff's Avatar
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    Dec 2010
    Posts
    2,920
    Quote Originally Posted by bankwhipped View Post
    Check your state's laws on SOL. I believe that after a number of years without any action you could possibly end up owning the house free & clear (or your ex) I would check with an attorney.
    I concur with this. What state are you in. Some adverse possession laws would show your exwife has color of title and can record a claim to title by undersigned occupant on the property.

  4. #4
    LoanSafe Guide Evan Bedard's Avatar
    Join Date
    Aug 2007
    Location
    San Diego, California
    Posts
    16,096
    I agree with the members above and the statute of limitation or SOL in California is 4 years on a written contract.. Are you sure an NOD hasn't been filed in the past year or so since you are not living in the property?
    Keep Fighting!

    Evan Bedard
    LoanSafe.org Support Team

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