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ACCURATE EXAMS OF CLEVELAND, OH - Denise Ferrell/OH
10/27/2016 1:26:13 AM (1949 views)

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[+] Compiling list of landowners with towers on their property. - David Beloff/VA (6 replies)
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Recording in FL - Duval, Escambia? - Angela Sharp/CA
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[+] ALTA : Background Checks - Joseph Hirsch, 3rd/PA (3 replies)
10/17/2016 10:49:43 AM (2851 views)

[+] C2C Title Services - Celeste Yakawonis/ME (5 replies)
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[-] an odd foreclosure - Leigh Attridge/MA (2 replies)
10/11/2016 5:35:17 PM (2342 views)
Re: an odd foreclosure - James Powell/MI
10/14/2016 9:26:39 AM (5504 views)

I am assuming this is property in Mass. Otherwise, it will depend on the state. According to the information from the Secretary of State (http://www.sec.state.ma.us/rod/rodhom/Homestead_q_and_a.pdf)

 "Also, divorcing spouses are protected against the loss of homestead through termination or divorce. Neither divorce nor remarriage will affect the homestead of the spouse who still primarily resides in the home." 

Since the property never passed to the ex-wife and she is not using it for her primary residence, she does not have any homestead rights. The probate order was to preserve her homestead rights under the affidavit filed by him IF she took ownership of the property.

Homestead rights are normally only with regards to a person's primary residence.  A person can only have one primary residence. Unless the ex-wife lives at the property and calls it her primary, she does not have any homestead rights.

Any other rights and/or liens would be spelled out in the final decree.

BTW - Homestead is automatically subordinated when a mortgage is refinanced. 

"An estate of homestead shall be automatically subordinate to a mortgage on the home that is executed by all of the home’s owners. For homeowners that have previously executed a mortgage that included a waiver of the homestead protection, the new law applies to the existing homestead. This "waiver" shall be treated as a subordination and the previously recorded homestead shall be in full force and effect. As a result, there is no immediate need to file a new homestead declaration after you refinance, take out a second mortgage or a home equity loan. Although it is not necessary, it may be advisable in certain circumstances. Under the new law, you can file a new declaration without injury because the subsequent declaration shall relate back to the previous declaration."

 

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Re: an odd foreclosure - Victoria Moate/NJ
10/17/2016 10:35:41 AM (2018 views)

[+] OVIO Technologies.llc - Jay Duncan/MO (14 replies)
10/11/2016 5:17:55 PM (2530 views)

[+] Vistro Info Solutions, Inc. - Randi Erickson/MN (17 replies)
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TEAM up with an Abstractor in Fort Bend or Harris County - Tricia Davis/TX
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Is anyone having payment issues with TD Services? - Kristen Parsons/TX
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HOW MUCH TO CHARGE FOR A COMMERCIAL SEARCH - Saundra  Scott/MD
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[+] COMMERICAL SEARCH - Saundra  Scott/MD (2 replies)
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[+] Mortiles LLC - nita  farrow/FL (8 replies)
9/30/2016 1:47:05 PM (6683 views)


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