In a nutshell:
Deed to Joe Blow, individually
Mortgage from Joe to bank
Dec Homestead by Joe (married)
8 million or so subsequent refis- no further homesteads
mortgage to new bank ALONG WITH a document subordinating this MORTGAGE to the preexisting HOMESTEAD.
Here's where it gets somewhat tricky. Joe & wife file for divorce. Per probate judge as part of Nisi Agmt property is to go to her by deed from Joe. She is to refi the property. THIS NEVER HAPPENS. No deed from Joe to ex-wife; but she still has rights under homestead (I believe)
Property is in foreclosure. Wife is not named on any of the foreclosure docs (she is not on the deed or on the mortgage). Does she have some sort of future interest in the property by virtue of the Probate Court decree? Does she have rights under the homestead? Should she have gotten notice?? Was the original homestead wiped out by the 8 million refis? (think not - otherwise why the subordination agmt with refi).
Forgot to mention that the bank will probably need some sort of release from Joe re the homestead - my question is about the wife's interest
Anybody have any opinions about this? Personally, I think Joe's wife does have an interest in the property, at least by virtue of the homestead and should have gotten notice. Not sure whether or not the office I did the work for is going to ask the firm that did the foreclosure to do it all over again.
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