Foreclosure Home in Florida?
I am initiating foreclosure on a property that I hold a mortgage on in
Florida, The original Mortgage Deed and Mortgage note was in the name of the
husband and wife and also the wifes mother. Since that time the mother has
died (the daughter was the sole beneficiary.) and the husband and wife
have divorced.. (She was awarded the property in the divorce).. . Since
the husband holds no claim to the property any longer, should I have
attempted to locate his address to inform him of the delinquent payments.?
I sent the "intend to initiate foreclosure " letter to the wife only and it
is now time to file "something." Should I back up and send something to his
old address before I file ? What are his rights in this situation ?
If ex-husband is still liable on the note, i.e., quitclaim deed transferred
property, then the note controls whether he should get notice. Without
notice of default any future attempt to collect a deficiency from him
would/should fail. Second, it could cause title problems in the future if
he chose to contest a foreclosure he was not informed of.
If the property was refinanced post-divorce and ex-husband's name taken
off the note then he has no interest.
: have divorced.. (She was awarded the property in the divorce).. . Since
: the husband holds no claim to the property any longer, should I have
: attempted to locate his address to inform him of the delinquent
payments.?
: I sent the "intend to initiate foreclosure " letter to the wife only and
it
: is now time to file "something." Should I back up and send something to
his