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stormyi · Oct 22, 2012, 10:40 AM

My husband and I separated then divorced. He asked could he take my name off the mortgage and house so that I would have no responsibility to the property. I thought I did. I signed legal paperwork and he was the mortgage holder. I thought that removed me from ownership of the residence. His house was foreclosed on and an eviction was served. I had not lived there in years and now when I tried to move an eviction came up with my name on it. How do I get this removed from public record when I did not live in the house.

AK lawyer · Oct 22, 2012, 12:10 PM

You can't.

Frequently lenders, when they foreclose, are required to sue everybody who had any connection with the loan, including ex wives such as yourself. It would be an official court record and the fact that you were named as a defendant cannot be changed.

Also, your obligation under the mortgage cannot be removed, even if he and you were to agree. The mortgage lender would have to agree and it cannot be required to agree. The only way this could have happened is if the lender agreed to a re-finance package. You probably misunderstood.

stormyi · Oct 22, 2012, 12:24 PM

He took out a new mortgage in his name only. I signed paperwork. When I had someone pull the information, there is a mortgage in 2007 where he was the sole mortgage financer. Now I don't know if because we were not divorced my name was still on the house, but I have the documentation where I relinquished all financial responsibility and he acquired a new mortgage. I had nothing to do with the loan. When he applied for a new mortgage, he purchased on his own credit. Not with my information.

ScottGem · Oct 22, 2012, 01:31 PM

He may have refinanced, but apparently you never signed a deed deeding the property to him. Are you saying you have a place that refused to rent to you because the eviction came up on your credit report?

stormyi · Oct 22, 2012, 01:37 PM

Originally Posted by ScottGem

He may have refinanced, but apparently you never signed a deed deeding the property to him. Are you saying you have a place that refused to rent to you because the eviction came up on your credit report?

It didn't even come up on my credit report. The eviction was filed in Michigan, Wayne County. I found out when I got ready to rent and they used a agency who found the eviction. Finally I sent the agency a lease agreement showing that I had not lived in that residence for 3 years before he was foreclosed on and evicted. He (my ex husband) thought that I was also off the deed when the new mortgage was executed. I called the office in Wayne County to find out how I could get this dismissed and they said I would probably need a lawyer. It is not on my credit, but every time I try to move this may come up and I am looking for a way to get this eviction dismissed since I was not living there.

ScottGem · Oct 22, 2012, 01:54 PM

OK, Yes, you probably will need to get a lawyer to get the County to dismiss.

However, If you need to move again, I would mention it up front to the new landlord and offer proof that you were not living there when the eviction order was entered.

stormyi · Oct 22, 2012, 02:19 PM

Originally Posted by ScottGem

OK, Yes, you probably will need to get a lawyer to get the County to dismiss.

However, If you need to move again, I would mention it up front to the new landlord and offer proof that you were not living there when the eviction order was entered.

Thanks that helps. Should I pay for a title search and then go from there?

ScottGem · Oct 22, 2012, 03:28 PM

I don't think you need to bother. Just have your proof that you didn't live there when the eviction was obtained.