Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



ACCURATE EXAMS OF CLEVELAND, OH - Denise Ferrell/OH
10/27/2016 1:26:13 AM (2064 views)

[+] Outsourcing Killing Us - Kurt deVries/FL (20 replies)
10/25/2016 2:48:03 PM (3125 views)

[+] Compiling list of landowners with towers on their property. - David Beloff/VA (6 replies)
10/24/2016 8:58:11 AM (2176 views)

Recording in FL - Duval, Escambia? - Angela Sharp/CA
10/21/2016 2:35:34 PM (1797 views)

[+] Fast Track Title - Kelly Chesnut/KY (1 reply)
10/18/2016 9:36:34 AM (2446 views)


Real Title Services


[+] ALTA : Background Checks - Joseph Hirsch, 3rd/PA (3 replies)
10/17/2016 10:49:43 AM (2996 views)

[+] C2C Title Services - Celeste Yakawonis/ME (5 replies)
10/13/2016 1:55:03 PM (2814 views)

[-] an odd foreclosure - Leigh Attridge/MA (2 replies)
10/11/2016 5:35:17 PM (2498 views)
Re: an odd foreclosure - James Powell/MI
10/14/2016 9:26:39 AM (5918 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."

 

to post a reply: login - or - register


Re: an odd foreclosure - Victoria Moate/NJ
10/17/2016 10:35:41 AM (2382 views)

[+] OVIO Technologies.llc - Jay Duncan/MO (14 replies)
10/11/2016 5:17:55 PM (2670 views)

[+] Vistro Info Solutions, Inc. - Randi Erickson/MN (17 replies)
10/7/2016 9:46:39 PM (3183 views)

TEAM up with an Abstractor in Fort Bend or Harris County - Tricia Davis/TX
10/7/2016 7:54:46 PM (2072 views)

Is anyone having payment issues with TD Services? - Kristen Parsons/TX
10/7/2016 1:26:01 PM (1873 views)

HOW MUCH TO CHARGE FOR A COMMERCIAL SEARCH - Saundra  Scott/MD
10/5/2016 11:15:07 AM (2360 views)

[+] COMMERICAL SEARCH - Saundra  Scott/MD (2 replies)
10/4/2016 3:37:56 PM (2884 views)

[+] Mortiles LLC - nita  farrow/FL (8 replies)
9/30/2016 1:47:05 PM (6811 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8961 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

Shared Driveway Agreements
Marissa Berends's Blog
2025/12/10
0 comments

Explain It Like I’m 5: FIRPTA Edition
Marissa Berends's Blog
2025/12/03
0 comments

Home buyers are more active this fall.....
Michael Stelzer's Blog
2025/11/27
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

Mortgage Applications Decrease in Latest MBA Weekly Survey
“Overall mortgage application volume fell last week, despite the slight decline in mortgage rates,” said Mik...
NAR Existing-Home Sales Report Shows 0.5% Increase in November
"Existing-home sales increased for the third straight month due to lower mortgage rates this autumn," said NAR Chief Eco...
Department of Justice Files Statement of Interest Supporting Competition Among Real Estate Brokerages
“Purchasing a home is the single biggest purchase most Americans make in a lifetime,” said Assistant Attorne...
Mortgage Applications Decrease in Latest MBA Weekly Survey
“Mortgage rates inched up last week following the FOMC meeting, as investors interpreted the comments to signal th...
MBA Applauds House Financial Services Committee Advancement of the Housing for the 21st Century Act, NFIP Extension Bill
“This legislation advances several long-standing MBA priorities, including updates to FHA multifamily loan limits,...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

Looking for Abstractors in SD 12/27
December 27 2025
Hello, I have the following orders in SD in the following counties: Buffalo(3), Charles Mix(1),Codington(1), Dewey(9), Lyman(1) Oglala Lokota(4), Pennington(1), Roberts(4), and Todd(2). This is a total of 26 orders. I am doing consistent business inn...[more info]

email
© 2020, Source of Title.