Posted on: 27th Jul, 2010 04:28 pm
my ex husband filed a chapter 13 and surrendered his interest in the real property, which was divided in the divorce agreement. he also discharged his debt to me in his plan. i live in the home and pay the mortgage which is on the market for sale, based on the divorce decree. the mortgage and equity loans are current. the mortgage company says i can assume the loan or refinance, but not while the house is for sale, and his name needs to be removed with a quit claim. what can the mortgage company do about the property and how can i get the house.
I live in Virginia
Hi Net,
You can ask your ex-husband to sign a quit claim deed and transfer the property to you. This will make you the owner of the property. Then, you can remove the property from the market and assume/refinance the mortgage. Thus, you would be solely responsible for the mortgage dues. You should pay the mortgage dues on time and save it from foreclosure.
You can ask your ex-husband to sign a quit claim deed and transfer the property to you. This will make you the owner of the property. Then, you can remove the property from the market and assume/refinance the mortgage. Thus, you would be solely responsible for the mortgage dues. You should pay the mortgage dues on time and save it from foreclosure.