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If I'm on the Mortgage but not on the deed, can I sell the house?

Discussion in 'Stop Foreclosure and Tell Us Your Story' started by Helequin, Sep 12, 2012.

  1. Helequin

    Helequin LoanSafe Member

    Part of my marital settlement agreement was that I quit claim deed the house to my ex-wife and she was to refinance our house in her name but never did - it's been two years now. Because she hasn't been paying the mortgage, he house is going into foreclosure.

    I'd like to know if I can put the house up for sale even though I don't live there and I'm not on the deed.

    Thanks,
  2. Evan Bedard

    Evan Bedard Call 1-800-779-4547 Loan Safe Mortgage

    Yes you are still a legal borrower on the account and are attached to the mortgage. Keep in mind that home values have went down drastically in many areas the last few years so this may have prevented her from refinancing the property. Also if you do not have equity in the home the only way to sale it would be through a short sale which generally has virtually the same consequences as a foreclosure. Here is a great thread that will help explain the differences between a short sale vs foreclosure..

    http://www.loansafe.org/forum/short-sale-outpost/43265-ss-vs-dil-vs-fc-comparison.html
  3. despritfreya

    despritfreya LoanSafe Member

    If you are not the titled owner of the property you have no authority to try to sell it - it is not yours to sell.

    Your ex wife appears to be in violation of a court order. You could take her back to court for violating the Order but the reality is, she probably has no ability to refinance to take you off the loan.

    Did the court order require the sale of the property if a refinance did not happen? If "yes", you should be able to go back to court to get a "special master" appointed to sell the property if the ex is not cooperating in that effort. Just remember, the court cannot force a short sale therefore, if there is not enough equity in the property to pay the liens in full and the lender is not willing to work with the special master, the property will eventually be foreclosed.

    Des.

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