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wenb707 · Joined: 21 Nov 2008 Posts: 2 1.00 Dollars($)

I My Ex husband and I got back together and bought a house together. We have 1st. mortgage together and the second mortgage is in his name I signed my name off on the second when he got the loan. He just past away last month. The second mortgage has a judgment and a foreclosure on it. The first mortgage is taking me to court requesting to enter (A)summary jugment in its favor and against of the aforementioned defendants.( B) enter a judgment of foreclosure and sale, and (C) grant such further or other relief as the Court may deem just or equitable. Can I do DIL. Thank you for you time.

Niicss · Posted: Tue Sep 08, 2009 2:18 am Post subject:

As the first mortgage is in your name, you can request a deed in lieu of foreclosure with your first lender. However, as there is a second mortgage on the property, it may get a little difficult for you to get the option. The second lender will not leave his rights on the property and he may want you to compensate him. However, as your name is not on the second mortgage, the lender will not be able to claim the dues from you.

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I just went to court of this in the last posting. Now the they put a redemption on summary judgment. Court is not until January of 2010.What does this mean?

jameshogg · Posted: Tue Sep 08, 2009 9:45 pm Post subject:

Hi wen,

You need to check out with your lawyer whether or not you can redeem the property from your lender. If you want to redeem the property, you should inform your lender about it and pay off the delinquent payments to the lender. This will bring your mortgage current.

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