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



[+] Intellect Ltd - Jason Knowles/AL (4 replies)
11/3/2016 5:19:28 PM (2415 views)

[+] Rockedge Solutions - Jim A/WV (17 replies)
11/3/2016 11:06:37 AM (2998 views)

[+] Updating another abstractors search? - William Bertram/SC (9 replies)
11/2/2016 7:22:56 PM (2955 views)

ABSTRACT SOLUTIONZ- TEXAS - Jesse  Cardenas/TX
11/2/2016 1:45:21 PM (2612 views)

[+] Is it just me???? - Christine Johnson/NC (9 replies)
10/31/2016 3:21:42 PM (3024 views)




[+] Vaizva Inc - Jay Duncan/MO (1 reply)
10/28/2016 11:33:04 AM (3016 views)

[+] Another Outsourcing Contact - Alix Ott/MI (6 replies)
10/28/2016 7:02:33 AM (2827 views)

ACCURATE EXAMS OF CLEVELAND, OH - Denise Ferrell/OH
10/27/2016 1:26:13 AM (2233 views)

[+] Outsourcing Killing Us - Kurt deVries/FL (20 replies)
10/25/2016 2:48:03 PM (3354 views)

[+] Compiling list of landowners with towers on their property. - David Beloff/VA (6 replies)
10/24/2016 8:58:11 AM (2377 views)

Recording in FL - Duval, Escambia? - Angela Sharp/CA
10/21/2016 2:35:34 PM (1989 views)

[+] Fast Track Title - Kelly Chesnut/KY (1 reply)
10/18/2016 9:36:34 AM (2647 views)

[+] ALTA : Background Checks - Joseph Hirsch, 3rd/PA (3 replies)
10/17/2016 10:49:43 AM (3167 views)

[+] C2C Title Services - Celeste Yakawonis/ME (5 replies)
10/13/2016 1:55:03 PM (3041 views)

[-] an odd foreclosure - Leigh Attridge/MA (2 replies)
10/11/2016 5:35:17 PM (2708 views)
Re: an odd foreclosure - James Powell/MI
10/14/2016 9:26:39 AM (6380 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 (2748 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 8973 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:

Beneath Every Closing Lies a Story
Michael Stelzer's Blog
2026/07/18
0 comments

Residential Appraisers: Reclaim Your Time
Will Duncan 's Blog
2026/07/09
0 comments

ATTENTION CIOs, CTOs, VENDOR MANAGERS, AND SUPPLIER MANAGERS
Will Duncan 's Blog
2026/06/15
0 comments

Articles

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

Multifamily Gains Lift Overall Starts Despite Single-Family Decline
Strong multifamily growth pushed overall housing starts higher in June, while single-family production remained sluggish...
June New Home Purchase Mortgage Applications Increased 2.4 Percent
“Applications to purchase new homes continued to run stronger than last year’s pace. However, there was a de...
MISMO Enhances SMART Doc® Implementation Guide to Support Secure, Digital Mortgage Processes
MISMO®, the real estate finance industry's standards organization, today announced the release of an updated versio...
Builder Sentiment Stays Weak as Affordability Concerns Persist
“Many potential buyers remain on the sidelines as they wait for lower mortgage rates, more certainty on inflation ...
NAR Pending Home Sales Report Shows 5.4% Decrease in June
“The highest mortgage rates in nearly a year and the record-high national median home price together are contribut...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.