Urgent! Received Notice of Trustee Sale

[avnda]

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

Hello,

I need urgent advice because I only have a month before my house is auctioned!!!

My property is in foreclosure, and I received a notice of trustee sale. The mortgage loan is in the name of my ex-husband (my name does not appear on the loan). But my name is there on the title of the house. We are divorced now and my husband does not live in the United States anymore. However, since California is a community property state I have read that the debt collectors can claim my personal assets in absence of my ex-husband. My husband mentioned in an email today that he is ready to sign a quit claim deed immediately.

Questions:

1. Even though my name does not appear on the loan documents, can the debt collectors claim my personal assets (car, personal belongings etc) when they foreclose on the house?
2. What can I do to protect myself in this situation?
3. Should I even consider a short sale, or just walk away from the property?
4. If hiring an attorney is the only option, what would be the approximate costs? I am a single mother with a modest income. Is there any help available for someone like me?

Any advice is much much appreciated!!!

 

[justalayman]

It doesn't make any difference whose name is on the title if the property is the listed security interest for a loan.

My husband mentioned in an email today that he is ready to sign a quit claim deed immediately.

that has nothing to do with the loan.


if the loan was paid, the lender would not be foreclosing on the property. Why wasn't the loan paid?

 

[TigerD]

How is your name on the title? Joint tenant, tenancy in common, tenancy by the entirety.

You should definitely talk to a local attorney.

DC

 

[avnda]

It doesn't make any difference whose name is on the title if the property is the listed security interest for a loan.



that has nothing to do with the loan.


if the loan was paid, the lender would not be foreclosing on the property. Why wasn't the loan paid?

The loan was not paid because my husband decided to move away. And being a single mom with low income, it was too much for me to pay. And I did not bother all this time because the loan is in my husband's name. My question is - if they foreclose, is it only his credit that gets hit or am I at risk too. Also, can they claim my personal assets as collateral?

Thank you for all your help!