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Profile picture for cfals

No record of mortgage or deed.

Complicated Scenario• 7 years ago my then fiancé and I purchased a home with cash in NY state. There were no outstanding liens of any kind at that time.

1 year later, shortly after we married, my husband took out a mortgage on the property alone in his name. Unfortunately, we were unable to keep paying for the property and left in 2008 after only making 3 payments. The original bank sold the loan to another bank and we just found out after all these years they never foreclosed on the property.

My husband filed bankruptcy alone last year and had the debt discharged from the loan he took out against the home.

So, we were not married when we bought the home originally. We are listed on the deed as joint tenants with rights of survivorship. This I believe kept our interest in the property separate. When my husband took out the loan, the company never recorded the mortgage or the deed and they never foreclosed.

Do I still have a right to this property? We just found out it was still listed in our names as we originally purchased it 7 years ago and a title search shows no liens? Any advice? Can he sell or transfer his interest to me under a new warranty deed to prevent the bank from trying to take the property in the future if we did this? Would they even be able to take it if, his debt was discharged in the bankruptcy and no documentation as to their (the banks) ownership exists at the county level?

  • October 02 2013 - US
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Answers (2)

Profile picture for Arizona Mortgage Pro
As Larry mentioned, you are getting into a legal matter here. Best to consult with a local real estate attorney.
  • October 03 2013
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Profile picture for larryeul
1. Investigate whether the property taxes have been paid over the past five years.

2. Contact an attorney in that area.

 Best to you.
  • October 02 2013
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