Am I reading that there was a court order for the wife to refinance the property as a condition of the divorce and a new deed was to be created in her name?
But the property is still mortgaged under the husband and is in foreclosure and still in his name?
If the divorce decree states that the property was to go to her and it never did, she still has the marital interest as per the terms of the divorce and she should have been named.
You'd have to have the entire chancery to see what happened. Is the foreclosure completed and ready for Sheriff sale or is it still in litigation?
From the title insurance aspect, we'd call for wife the to be named in the proceedings if the foreclosure has not been completed just to make sure that title is clear. At the end of the day, the Underwriter is going to determine any special conditions to address the matter if it was not properly foreclosed on. That would mean that the courts may have to go back and serve the wife, etc.
Hard to give a 100% answer without reviewing the Chancery.
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