Posted on: 20th Aug, 2009 09:59 am
i live in oklahoma and i have been divorced for 3 years and haven't lived in the house, me and my ex bought for 4 years. i knew nothing about home mortgages and we had a legal service do our divorce paperwork. we had no children. he told him he would refinance and they stated he would assume the debt on the divorce paperwork. so he tells me he is going to refinance and i sign the quit claim deed. he never did it.. he tricks me.. so i follow up later and he says one loan company bought out another and my name was removed. i call and i'm still on the mortgage. my issue is i know i am responsiable for this loan. i have found out
that he has gotten his 5th dui. so what options do i have if he goes to jail and they come for me.. can i sell it when i'm not on the title / deed? i asked him to sell it but he refuses. i talked to the lender and he has been paying on the loan timely by himself for 4 years and they know it and has a good standing. they think he can assume the loan but he doesn't want to pay the $900.00 dollars. i want to assume the loan with the person i am with now and can't. question is ..can i sell the house without being on the deed /title? i have told the mortgage company i can't pay for the mortgage with my income and pay where i live now too. would i have no choice but to foreclose. i have seen a lawyer and he says i can still buy my own house by showing the divorce paperwork and we could over turn the title so i could sell it if he goes to jail , but i hear that doesn't happen much. could i file bankruptsy? my lawyer was little help.
any advice?
that he has gotten his 5th dui. so what options do i have if he goes to jail and they come for me.. can i sell it when i'm not on the title / deed? i asked him to sell it but he refuses. i talked to the lender and he has been paying on the loan timely by himself for 4 years and they know it and has a good standing. they think he can assume the loan but he doesn't want to pay the $900.00 dollars. i want to assume the loan with the person i am with now and can't. question is ..can i sell the house without being on the deed /title? i have told the mortgage company i can't pay for the mortgage with my income and pay where i live now too. would i have no choice but to foreclose. i have seen a lawyer and he says i can still buy my own house by showing the divorce paperwork and we could over turn the title so i could sell it if he goes to jail , but i hear that doesn't happen much. could i file bankruptsy? my lawyer was little help.
any advice?
It is really a descriptive answer and we will surely help you out to sort the matter.I think you have lot more plus points if you can get the ownership of the property throug the court orders it will be a best thing.
I think it is really difficult for him to hide away from the court orders so first thing you need to do is you should go to court and settle out your property issues there and once the property is on your name you can suely sell it at any point of time.
You have lots of +ve factors favoring you. so make sure you are having good solicitor to prove your stand in court.
I think it is really difficult for him to hide away from the court orders so first thing you need to do is you should go to court and settle out your property issues there and once the property is on your name you can suely sell it at any point of time.
You have lots of +ve factors favoring you. so make sure you are having good solicitor to prove your stand in court.
So it isn't unheard of to go to court and legally switch back the title/deed to my name? After I was removed, under false pretenses.
Sherry, It is really not unheard of in any situation rather most of the quitclaim cases may fall in this cheating category when it comes to the divorce.
Personally what I feel is that you should get a good solicitor to prove predicment and the you can surely sue him.but make sure you gather all the documents pertaining towards the case like divorce agreements and if possible his past financial history will be also helpful to prove it in court that he has forcibly sign te quit claim deed from you.
Meanwhile he may try to lure you and promise you so many things in order to take back the case from court but you shouldn't at any cost.
Personally what I feel is that you should get a good solicitor to prove predicment and the you can surely sue him.but make sure you gather all the documents pertaining towards the case like divorce agreements and if possible his past financial history will be also helpful to prove it in court that he has forcibly sign te quit claim deed from you.
Meanwhile he may try to lure you and promise you so many things in order to take back the case from court but you shouldn't at any cost.
my mom recently passed we are going to sell her house what do we need to do she was the only one on the deed there is a will naming all of us to recieve equal shares of her estate
Hi stevenf,
You will have to probate the will and get the property transferred in your names. Once you do so, then you will be able to sell off the property.
You will have to probate the will and get the property transferred in your names. Once you do so, then you will be able to sell off the property.