4 years ago in my divorce, I "gave" our home over to my ex because I knew I could not afford the upkeep. I did not sign a quit claim deed. I signed the mortgage papers, but I am not on the mortgage but I am on the warranty deed. Shortly after that he filed for bankruptcy. When I research the house online, I see that it is still in our name. But, when I called the county property appraiser, I was told it has been in foreclosure since 2008. I called the bank who they have on file and was told that the loan had been sold but since I wasn't on the mortgage they couldn't tell me who to.
The house has been abandoned since 2007. I have some friends who are going to be homeless soon and I told them to go stay there. They are willing to fix it up but are afraid of getting arrested or being told to move immediately.

Does the house still belong to me? Can they move in? What are my rights as supposedly still the owner of the home?

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Originally Posted by zoe305

4 years ago in my divorce, I "gave" our home over to my ex because I knew I could not afford the upkeep. I did not sign a quit claim deed. I signed the mortgage papers, but i am not on the mortgage but i am on the warranty deed. Shortly after that he filed for bankruptcy. When i research the house online, i see that it is still in our name. But, when I called the county property appraiser, i was told it has been in foreclosure since 2008. I called the bank who they have on file and was told that the loan had been sold but since i wasn't on the mortgage they couldnt tell me who to.
The house has been abandoned since 2007. I have some friends who are going to be homeless soon and i told them to go stay there. They are willing to fix it up but are afraid of getting arrested or being told to move immediately.

Does the house still belong to me? Can they move in? what are my rights as supposedly still the owner of the home?

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Squatters have no rights... period.

Its not yours any more... its in foreclosure.. that means the bank owns it now.

Anyone in it is breaking the law and can be charged with at a minimum with criminal tresspassing.

If there has not been a foreclosure sale yet then you and your ex are still the owners of the property.

If a foreclosure sale has not yet occurred your friends cannot be arrested as trespassers unless you or your ex make a complaint. They cannot be told to move out immediately by the bank. Once the title to the house passes due to a foreclosure sale the new owner must give them 90 days notice to vacate.

You should be aware, however, that you and your ex can be held responsible if your friends suffer any injuries on the property. Knowingly allowing someone to live there when you do not have insurance is a very big risk.

I suggest that you let your ex know immediately that someone has moved into the property.

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Originally Posted by smoothy

Squatters have no rights...period.

Its not yours any more....its in forclosure..that means the bank owns it now.

Anyone in it is breaking the law and can be charged with at a minimum with criminal tresspassing.

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Check with the clerk of court in your county to determine the status of the foreclosure (assuming that your state is not a "non-judicial" foreclosure state). In many places, it is possible to find the status of such case online.

You should have been served with process (notice of a court foreclosure action) if it's done at all like it is done here in Floriida. I work at a lawfirm which does foreclosures every day.

Or the appraisor with whom you spoke should be able to tell you the details of the foreclosure, including who is foreclosing, and if the foreclosure sale has happened yet.

Thanks Lisa.
I had asked an attorney yesterday and he gave somewhat the same answer but he was such a jerk, I wanted to make a few more inquiries.
What he said was that if we are still listed in public records then the house is still ours. The bank would need to finish the foreclosure and sell the house in which case the names on record would be different.

So, technically they wouldn't be squatting.

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Originally Posted by zoe305

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So, technically they wouldn't be squatting.

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No. If you still have the right to possess the property, you can give them permission to stay there. "Squatting" is the vernacular for what lawyers refer to as "adverse possession". That wouldn't apply.

Lisa's advice about insurance is good advice. If you do give them permission to occupy the place, be sure that they first pay for insurance to protect you from liability toward them.

And of course if at the recorder of deed, you are no longer the legal owner ( not what any online records show that can be months out of date) But who the legal owner is, if you are still listed then you may give someone permission, but if you are not, you can be held liable for damages they do, to the real owner.

Banks may take months even a year or two after they foreclose to do anything with them, they have too many. Others don't actually foreclose since they don't want them on the books.

In my opinion, you are playing russian roulette here. If your friends spend money to fix up the place, they will lose their investment. If you are the owner, then you will be liable for anything that happens. If you are not the owners, then they and you can be in trouble for criminal trespass.

So the bottom line is you need to determine without a doubt who is the owner. But if you are the owner, you are also on the hook for any taxes, and the balance of the mortgage.

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Originally Posted by ScottGem

... But if you are the owner, you are also on the hook for any taxes, and the balance of the mortgage.

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That would be included in the deficiency judgment, if there is one. OP definitely should determine the status of the foreclosure case and why she was not notified.