Is the property still ours if our name is still on the deed but the property was foreclosed? 7 Answers as of April 04, 2013

Our home was foreclosed in 2009 and we were evicted and given $1500.00 to move. We just called the county recorders office and found out that our name is still on the deed that is recorded. Is the property ours?

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Richard L. Hirsh, P.C. | Richard L. Hirsh
In order to answer that question it would be important to know if the lender ever completed the foreclosure. The lender does not become the owner until the judicial sale is conducted and the sale is confirmed. Then the lender would be entitled to a Sheriff's deed. I have seen many foreclosures linger for years before the sale is held. You need to check the foreclosure file at the Clerk's office.
Answer Applies to: Illinois
Replied: 4/4/2013
Durham Jones & Pinegar | Erven Nelson
To properly answer, I would need to conduct a title search. If the foreclosing entity got a Trustee's Deed at the foreclosure sale, it is the owner. If it has not recorded the deed yet, the public is not aware of the transfer of ownership. If a Trustee's Deed was never issued, you probably have ownership still.
Answer Applies to: Nevada
Replied: 4/4/2013
Janke Legal Consulting | Bruce C. Janke
I wouldn't trust what someone at the Recorder's office told you on the phone. You should call a title company and get a title report. If you know a real estate agent, attorney, or other professional who could order it for you, there is usually no fee. Even if you have to pay for it, the charge is nominal. It is possible, but unlikely, that whomever acquired the property at the trustee's sale.
Answer Applies to: California
Replied: 4/4/2013
Danville Law Group | Scott Jordan
According to the county recorder, yes. To remove your name, you can file a deed naming the bank as the owner of the property.
Answer Applies to: California
Replied: 4/4/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If the property was foreclosed then there should be a referee deed filed, if not, then property is still yours.
Answer Applies to: New York
Replied: 4/4/2013
    Connaghan Newberry Law Firm
    Connaghan Newberry Law Firm | Tara D. Newberry
    You need to confirm whether or not the property was actually foreclosed. Often the foreclosure sale will occur but a trustees deed is not recorded, this is an error or oversight that can easily be corrected. But if the foreclosure was not done properly & was rescinded, this is known as a "Zombie Foreclosure" and can be problematic. If the assessor shows that you still are the legal owner of the property either way, not only is it still your property, but you are liable for the taxes, HOA fees and premises liability with regards to the property.
    Answer Applies to: Nevada
    Replied: 4/4/2013
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    No.
    Answer Applies to: Arizona
    Replied: 4/4/2013
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