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I am so sorry if this has been hasked before but I could not find the answe

I am so sorry if this has been hasked before but I could not find the answe

I am so sorry if this has been hasked before but I could not find the answers for my specific questios. My husband and I were divorced over 5 yrs ago. In the divirce I agreed he could keep the home we shared in SC persuant to him providing and filing a quitclaim deed which he has never done. The home was financed in my name. I have come to realize through other posts that I am still liable for said mortage. Now he is talking of selling the home. Can he do this since the mortgage is still in my name? He is unable to get financing for the home in his name. Is there anything I can do to force him to do so? If he sells the home of course the title to the home will back in my name.


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Anonymous (not verified)
22-05-2011

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Bobbie, I'm confused.  But let me try to see if I'm on the same page as you.  First off, you and he owned a home, but you were the only borrower on the mortgage - is that right? Next, you and he agreed on a settlement...you essentially gave him the home and he continued to make the payments on the mortgage that actually is your obligation...right?  It seems like you and he don't have a great feeling for what is involved in a quit claim deed, because if he's the new owner in the settlement, the deed would have come from you. So...at this point, he wants to sell the home.  Since you already granted him sole ownership of the home more than 5 years ago, that decision is entirely his.  You might not like it, but you've got no legal right or reason to suggest that he cannot do so. Your last sentence is entirely baffling to me - "if he sells the home of course the title to the home will back in my name." If he owns it and sells it to John Doe, then John Doe is the new owner.  If he sells it to you, then that's the only way in which "the title...will be back..." in your name,

gmakerley | Asked on 2011-09-20

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