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Mortgage-Divorce-Assumption

Posted on: 25th Apr, 2009 02:10 pm
my divorce was final last summer. in the agreement, after failing to sell our home, i let him have our mortgaged home, per agreement in the divorce decree. my lawyer had me sign the final decree, promising to hold such signed agreement until after he had either sold or refinanced the house to remove my name as co-borrower. my lawyer did not keep her promise and provided his lawyer with my signed decree. he remarried immediately and has a new baby. he & his new bride are living in the house with the $600,000.00 +++ mortgage still in his and my names. originally he represented he was going to sell the house or refinance. he has done neither!! i am still liable. now my lawyer says i have to pay some huge attorney fees and court costs to force him to comply. i gave him everything because i was afraid for my life. i have no money for attorneys and court costs. i sent him an assumption package for him to submit - still nothing! is there anything else i can do to force him to get my name off of the mortgage?? can i rent out space in the house since it still is in my name?? drastic and outrageous idea but i am desperate!!! please help!!!
It seems like you do need another attorney. Find one who will provide a free consultation.
Posted on: 25th Apr, 2009 07:34 pm
JennyM

its really a tough situation for you.

I will advice you to let this spirit of fighting should not die within you. Please keep it going.

Do you have any papers pertaining to the fact about the mortgage is still with your name??

You might have the final degree signed original copy with you!!

This is really a bad ethics on behalf of the lawyer.If you can complaint against the lawyer with the apex lawyer's association. surely it will have the desired effect.
Posted on: 26th Apr, 2009 01:22 am
Hi Jenny,

Is your name still on the title? Did you not release your property-interest by signing any deed? If you are listed on the title, you still have a claim in the property. Has he been making the mortgage payments regularly?
Posted on: 28th Apr, 2009 01:53 am
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