Only one of us on defaulted 2nd

[jasummers76]

Our situation is that we are current on our first mortgage. The first mortgage was purchased prior to my wife and I getting married and is in my name alone. At the time she had poor credit. She may have signed a release of homestead agreement. I am contacting the first lien holder the mortgage we have never been late on and trying to release her from that if, in fact, she did release all financial loss or reward regarding the property.  It is still my understanding that she may still have ownership rights to the home as marital property or tenancy by the entirety.

 

This brings us to the second lien holder being serviced by Specialized Loan Servicing  (SLS). This loan was defaulted in 2007 sometime and charged off in 2015. The original lender was E*Trade but was sold in January of  2014 to Bay Harbour Investment Corp in Florida who has (SLS) servicing it. We were never notified of any sale of the note or even who to contact to remedy the situation. We only found out when we recently tried to refinance. The investment firm nor the servicer are listed on the title or deed.

 

With my wife not being on the second lien would that stop them from proceeding with a foreclosure? Basically forcing my wife to sell her interest in the house when she was never on the second lien

[centex]

Pony up for an hour or two of time with counsel local to your area and well-versed in the various property contingencies related to family law.