DOMESTIC MESS
Still in the domestic mess. Ex-b/f holds the mortgage to my home. The title is in my name only. Due to joint funds, etc. there is no proof of payment. I sold the house against his wishes recently after our split. He ran to the courthouse yesterday & filed a foreclosure w/ 25% attorney fees listed. Closing attorney on my sale is saying the title is now tainted & we can't close. I was under the impression that if he were paid off IN FULL at the closing, that there should be no problem. I've received no letter of demand, etc. No papers have been served. Will someone PLEASE advise? Frankly, I think he must be in cahoots w/ the closing attorney. Spoke briefly w/ my realtor and he doesn't get it, either. Can't someone sell a property to pay off a lender, even if arrears WERE to be established? I'm in Louisiana, btw. Anxiously awaiting your input... 
Just to be clear... "my ex boyfriend holds the mortgage on the house"
Some mortgages waive the necessity of sending a notice of default. Do you make your payments directly to him? Who drafted/devised the mortgage document?
In Louisiana, an Executory Process is an accelerated procedure used to effect the seizure and sale of the property, without previous citation and judgment, to enforce the mortgage on the property.
I guess that we would have to know a bit more about the mortgage Agreement you entered into.
It is a simple, 2 page mortgage. No executory process listed in agreement, which indicates there should be right of redemption, correct? We had a joint checking account, so the money was his, mine, & ours. He stated both verbally & via email that he did not expect to be paid since he was supporting me. His attorney drafted the mortgage a year ago. I owe him 30k on a 90k house. Any ideas re the best vs worst case scenarios?
Perhaps I can help.
FAX to me a copy of the mortgage and any other documents that are involved. For example, the Mortgage Note, and any breach letter to 732-571-9475.
The mortgage is being faxed to you from a 225 number. Thanks! Please let me know.
Upon a cursory review of the mortgage document, you agreed to the 25% of principal balance as an attorney/collection fee in the event of a default.
You have waived all citation, and all notices and delays, and, (gulp) you agreed to the executory process.
I'll read this over, again, and tell you what I think.
Lis pendens is what he filed. I've not been served YET. Any ideas? Found an investor who will buy the title straight from me, and pay the mortgage holder off. He said he could do that??? My local attorney said there's no way it could close w/ the realtor, that we will have to counter-sue, which may just cost me a lot of money to buy a little time.
Ive read a bit more. Though the mortgage states that Cleve can seek an executory foreclosure process, he must file with all original documents, or the foreclosure can be dismissed.
I also learned that in Louisiana, a Judge can reduce the foreclosure fee if he feels it's (25%) is unconscienable.
I think you should try to preserve the Realtor produced Purchase and Sale Agreement, and check with another attorney. Bring all the documents including the Realtor's Listing Agreement, Contract for Sale, Deed, Mortgage, the Mortgage Note, and a copy of the Lis Pendens (Summons and Complaint?).
I've never heard the term, 'tainted' title, nor does that phrase appear in Black's Law Dictionary. I think I know what he meant, but I would certainly seek new counsel.
I did look up the word, 'snookered' and it seems to be what is happening to you.
I forgot to mention, bring with you evidence of a joint checking/savings account, AND the E-mail message in which Cleve said you don't have to pay.....
That might be a defense... but frankly you should be able to sell without having to defend the foreclosure. Just pay it off.
Good Luck.
Thanks so much for your advice. Realtor is now asking his atty to release the house for closing, & all monies will be put in escrow til the lawsuit is settled. Doubt that will happen. C. has the original mortgage NOTE locked away. I will certainly seek other counsel, btw! Right now I just want some peace, so am looking for a low-$ rent-to-own house or trailer to live in temporarily...that I can keep & rent out after (if ever) all this dust is settled. Thanks again.
I'm not an attorney, and not versed in Louisiana f/c practices, but from what I've read, you should be able to settle the lawsuit by paying the balance of the note. I'm sure that Cleve filed so that he can glean an addition 25% in f/c fees he'll share with his lawyer. I would immediately have your attorney request a payoff letter, sent via certified mail to Cleve, his attorney, and a copy to the Court.
Let me know how this works out for you.
Now I'm thinking I will just transfer title to a friend utilizing a quit claim deed. The ex is not after the $, he's after making my life a living hell and controlling me! LOL I offered him an extra 10k from the sale & he refused it. See??? It's a crazy situation. Anyone know anything in depth re quit claim deeds?
A quit claim deed won't stop the foreclosure. It won't release you from your liability on the mortgage/mortgage note.
Get an attorney, complete the sale. Walk away with your money and be done with this.