Sign in to follow this  
oneobserver

HELP!- Foreclosure / Deed question- urgent

Recommended Posts

NY case

Defendants in foreclosure case are also in mat court on a case that started before foreclosure complaint was filed. Both are still active.

Husband on Mortgage Note solely, Husband and Wife both on Deed. (Wife never actually signed nor initialed actual Mortgage document, forged signature/initials on Mortgage document, the Mortgage Note is ok as it is only signed by Husband-part of foreclosure problem and just background info)

In 2009, a mat stipulation conveyed Husband's interest in Deed to Wife, deed was not transferred.

In 2010, a mat stipulation conveyed Husband's interest in Deed to a Trust, fbo their child. Wife is Trustee, both Husband and Wife are Grantors.

Question, if Wife (and Husband) Quit Claims Deed to Trust, does it:

-strike the Due On Clause (as Trustee, she still has an interest)

-have an effect on foreclosure Plaintiff's ability to proceed with foreclosure?

-have any other considerations in the foreclosure matter?

Again, the conveyance stems from a decision in matrimonial court.

PLease, please, please any insight? thoughts? comments? caveats?

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this