My ex-wife is living in the marital home in Charlotte, and has been since the separation began in 2008. Until a few months ago, she made the mortgage payments, but she stopped paying the mortgage in April, and I just found out about it. It looks like the house is going into foreclosure. The mortgage is in both hour names, so this is affecting my credit, not just hers. The marital home was purchased after we were married, the deed is in both our names, but as husband & wife (ie, “Joe Q Public and wife Joan L Public”). The only address on the deed is the address of the marital home.
How do I get a new deed filed, or an addendum to this deed, to reflect the fact of the divorce? At present, she is the only one who received notices from the bank about the default and foreclosure, foreclosure hearing, etc. I am concerned that, since the deed still shows us as married, any prospective buyers (before or at auction) will not know that there are really two owners who have to be dealt with, one who lives in the house, the other (me) lives out of state.
If a foreclosure buyer is looking to buy the place before the auction (I’m told this is pretty common), he is only going to contact her (because she is at the address listed on the deed for the owners), and I doubt whether I’ll hear anything about it from her, given that she said nothing about the default, and even had told me just last month that the mortgage was up to date, when it was already two months in default.
If someone comes along with a reasonable offer that would satisfy the mortgage and give us some or all of our equity back, I’d like to know about it (we bought the house before the housing bubble started inflating, so the house is not underwater, and should still show some price appreciation). It appears to me that modifying or adding to the deed is the only way to do this.
Alternatively, is there any prospect that the court will order her to agree to list the house for sale? I’ve tried this before, but the judge has never gone along - I guess as long as she was making the payments, he thought there was no need, even though in order to make an equitable distribution, either she has to refinance and come up with a pile of cash to pay me for my equity in the house, or the house has to be sold. Is it any use to list a house with an agent, when it is in default and headed for foreclosure?