Posted on: 09th Jul, 2011 04:51 pm
details: in the middle of divorce, wife moved out of our home, i am still there trying to get a loan modification but they require my soon to be ex's signature or for her to sign a quit claim deed. her attorney is not recommending either. i want to stay in the home for my kids but cant make the payments without the loan mod. will the judge make her sign the forms or quit claim deed? the home is currently "under water" so there is no equity to split. i am 3 months late. both attorneys seem confused. any help?
Great - two attorneys who are confused...that's going to do nobody any good. Your attorney ought to have enough sense to recognize what's going on and lead the way to the court with a recommendation that she quit claim her interest to you with the requirement that you move forward with the modification (assuming the lender realizes what it is talking about).
A modification is just that - it is not going to take her off the note.
Divorce court judges routinely (I believe) see this sort of issue in court with spouses leaving/staying and property being transferred, etc. The modification process adds another layer of difficulty, though. Whether your particular judge will rule one way or the other is anyone's guess. Nobody can tell you the answer to your question about whether the judge "will make her sign."
You and your wife need to know in advance - before you walk into court - what the specifics of your settlement are. That's not just on you, it's on the lawyers as well. They are your advocates, and they each should be working on the case from their client's standpoint, making cogent decisions and coming to an agreement before a judge has to bop them in the heads and make the decisions him or herself.
A modification is just that - it is not going to take her off the note.
Divorce court judges routinely (I believe) see this sort of issue in court with spouses leaving/staying and property being transferred, etc. The modification process adds another layer of difficulty, though. Whether your particular judge will rule one way or the other is anyone's guess. Nobody can tell you the answer to your question about whether the judge "will make her sign."
You and your wife need to know in advance - before you walk into court - what the specifics of your settlement are. That's not just on you, it's on the lawyers as well. They are your advocates, and they each should be working on the case from their client's standpoint, making cogent decisions and coming to an agreement before a judge has to bop them in the heads and make the decisions him or herself.