Quit claim

Hi dolphin,

You ex boyfriend is being very rude it seems. After he has quit claimed the property to you, how can he claim the equity from it. Moreover, you have also taken off his name from the loan. So he should not be bothering you now. After all, you have been making all payments including property taxes since he has left. So, you have the ownership rights on the property.

Thanks,

Sara.

Hi Guest,

I do feel that the property belongs to you but as you say that your ex-boyfriend has filed a lis pendens, it is better to consult a lawyer for further advice on this issue. This is a legal matter and only a lawyer will be the best person to guide you. After all, you have three children and you need to look after them, so it's better to approach the right person. You need to save your home from being taken away by someone else through a false claim.

Hope you can get through this problem as soon as possible.

God bless you

Samantha

My husband has some arrearages of child support. I'm trying to protect my home. Will a quitclaim and transfer aggreement of the mortgage take his name off of the property?

Hi Buka,

Kindly have a look at this page for the answer to your question:
http://www.mortgagefit.com/quitclaim-deed-21.html

Thanks
James

I have contacted a lawyer its been a year and he has done nothing but charge me money. I gave him all the documents to prove that my ex- is lying, a mediator tried to solve the dispute I offered $5000 just for argument sake and still that wasn't good enough. My lawyer filed a motion to quit....he wants $20 to $30 thousand if we have to go to trial 1/2 up front I don't have that kind of money....No one will refi me with the lis pendens filed on my home to get that kind of money. I don't understand why this has gone on this long? What are my chances of winning without a lawyer??
HELP!

Hi,

It’s your ex-boyfriend's matter to prove that he quit claimed the home under duress and it will be really difficult as far as I know.

That is why he is trying to put pressure on you to sell the property and give him a share. You should not take the first step about taking him to the court rather he will have to start a case if he wants to. You should wait and see what he does to get the home.
"What are my chances of winning without a lawyer?? "
The judges will be giving decision in your favor, as all the legal documents are with you.

Hi Buka,

If you wish to take his name off the property, you can use a quit claim deed. You don't need a mortgage transfer agreement for that. If he is alone on the loan, it will remain his liability to pay for it even after signing the quit claim. But if you intend to take his name off the loan, then only a transfer agreement of the mortgage is required.

Thanks,

Caron.

Thanks for the encouragement so I shouldn't bother hiring another lawyer just sit back and wait for court papers

Hi Dolphin,

I think the lawyer has taken a lot of money without helping you to get the best of results. $5000 just for arguments, that's huge I believe. I don't think you should stick to this lawyer, otherwise all you will be doing is take out a lot of money and then get nothing in return.

"No one will refi me with the lis pendens filed on my home to get that kind of money."
Did you contact any lender for the refinance and inform him that a lis pendens has been filed against your home? Why I am asking this is because it is quite possible to sell or refinance a property even if there is a lis pendens against the property. If you haven't talked over this issue with any lender, then it is advisable that you do so if at all you wish to refinance.

"What are my chances of winning without a lawyer?? "
It becomes difficult to win without a lawyer as he is the person completely aware of all the legal aspects of this issue and he can help you the best. But prior to taking help from the lawyer, enquire about the fees and see that you are not overcharged. If possible, you can contact 2 to 3 lawyers, and then compare their fees before deciding whom you will deal with.

God bless you

Samantha.

I have checked into other lawyers they want a $5000 retainer fee is there any type of lawyer that I will do the paper work and have someone look over it? Or just ask for advice as to what to fill out.
My previous lawyer and ex's lawyer have had phone conferences with a judge twice, went through mediation tried to settle had the home appraised because my ex claims there is over $100 thousand in equity the appraisal came back showing only $10.000. He thinks I conned the appraiser he wants another appraisal done do I have to let him?
My lawyer tried to explain even if we we sold the home all the money would go the a realtor, there would be nothing to split. This is Why I ask "Do I need a lawyer to win"? All the facts are laid out..........Wouldn't it be a waste of everyone's time to go to trial with no equity? Why pay a lawyer to explain that to a jury when there is an appraisal that proves that!

I think what you said earlier-"Thanks for the encouragement so I shouldn't bother hiring another lawyer just sit back and wait for court papers"
will be the best thing to do and see how things progress.

Hi Dolphin,

"my ex claims there is over $100 thousand in equity the appraisal came back showing only $10.000. He thinks I conned the appraiser he wants another appraisal done do I have to let him? "
If your ex thinks that you have conned the appraiser, why don't you show him the appraisal report? Better approach him with your lawyer and the appraisal report. But I don't think you should go for another appraisal. You will again have to pay a large amount of fees.

"Do I need a lawyer to win?"
If your ex-boyfriend takes you to court, you cannot sit back and watch your home being taken away. Because you don't really know what evidence he is going to put forward just to prove you wrong. So, it's better to be in touch with a lawyer and take his help in case there is a need of it.

"Why pay a lawyer to explain that to a jury when there is an appraisal that proves that"
Well, I am not really sure whether the appraisal can help you win. There should be someone to defend the arguments and accusations that your ex brings in front of the court. If you think you can manage it, then you can try it out, otherwise, you may consult a lawyer.

Thanks,

Caron.

The appraisal that was choosen by his lawyer we each paid half the fees, his lawyer does have a copy of it. He wants to hire one on his own, and he will pay all the fee's.

If for some reason he may win, is he entitled to half the equity in the home as of today's date or the month he quit claimed the home to me, he has been gone 1 year and 10 months with no contributions towards the home......The house payments alone are about $70,000

If they say he is entitled to the equity as of today's date wouldn't he owe me 1/2 of every payment, taxes, insurance, home improvements etc.... and then whatever's left split in 1/2.?

What about my husband would he be entitled to any ownership on the property since he has contributed the past 1 1/2 years

"If for some reason he may win, is he entitled to half the equity in the home as of today's date or the month he quit claimed the home to me"
If in case that happens then the home equity will be determined on its current value.

Hi Dolphin,

I have gone through all your previous posts and what I feel is that your ex boyfriend wants to involve you in a fraud case. In your situation, I personally feel that you should take help of a lawyer. Because your ex boyfriend has already filed a lawsuit and if you want to protect the equity in your home and get rid of the lis pendens quickly, a lawyer will be the right person to help you.

I feel that you need to focus on the reason as to why your boyfriend waited for 1 and 1/2 years if at all he charges that you have made him sign papers under duress. He could have filed the lawsuit right then. Why did he have to wait for 1 and 1/2 years? You can ask your lawyer to raise this question in court; it will prove your point easily. Also, your boyfriend has to show proof as to why he did not approach the court within this time period.

If you wish to win and save your home, you require the help of a lawyer. But initially just take suggestions from the lawyer regarding this issue, and then if you feel he can help you the way you want, go ahead. Or else, try with a different lawyer. And, after you win the case, you can file a case of defamation against your ex boyfriend for the fraud case he has brought against you. Then you can also claim a certain amount of money from your ex boyfriend.

Hope this will give you some relief. I have also sent you a private message. Kindly check it for your knowledge and information.

Thanks