Question about 2nd Mortgage

[wendys8861]

What is the name of your state (only U.S. law)? CA

Writing for my sister.

In 1997 my sister married her 2nd husband. At that time, he owned a house in his name and his 1st wife's name. My sister was never on the mortgage.

Sis and her husband took out a 2nd mortgage on the home to do some repairs to the home. Everything was kept current.

In 2001, they divorced, she moved out and he remained in the home. He assumed the debt on the house and their divorce decree stated that he had 90 days to refinance the loan and remove my sister's name. We find out now that he never complied with this.

He remarried not long after and resided in the home with wife #3 until he passed away about 2 months ago. Wife #3 is living in the home, but has made no payments on anything.

The bank that holds the 2nd mortgage has now contacted my sister and is harrassing her and threatening her and demanding payment for a loan on a house she has no rights to.

So, in short, I am wondering - Is she essentially up a creek without a paddle?

Any advice would be appreciated.

 

[divona2000]

...he owned a house in his name and his 1st wife's name. My sister was never on the mortgage...Sis and her husband took out a 2nd mortgage on the home...bank...demanding payment for a loan on a house she has no rights to...

Sister really should make her own account here, she will have info you might not, such as:
How did she and her husband get a loan on a house that was already mortgaged/owned by her husband and his 1st (ex) wife?