Posted on: 16th Dec, 2010 04:43 pm
Divorce finalized in 2008, I was awarded the manufactured home in the divorce.
A 10 year marriage ended when he couldn't handle the medical issues of a severely handicapped child. While he was moving in with the nanny, I was in hospital with the youngest having neurosurgery.
He was a *jerk* for many months, and refused to comply with the decree instructing him to "effect title transfer" to me.
Recently (after over 2 years of trauma) he is becoming more "human" and he signed a bill of sale for $0. Signing the home over to me.
Or so I thought.
The mortgage originated with only him on the loan, because he convinced me my credit was too poor and it would prevent the loan (my credit isn't great, at 618).
The mortgage company is aware that he left nearly 4 years ago. Aware that I am the one who has paid the mortgage payments all this time. Aware that he signed the bill of sale and that the divorce awards me the house.
They let me apply to assume the loan. Or rather, they claimed to.
Once I was approved for assuming the loan, they changed their mind and said would only offer me a new loan (with a significantly higher interest rate).
I've continuously offered this mortgage company that I am willing and able to assume the loan (I met their loan criteria) and want nothing more than to see this resolved so that they get their money, and I keep what is rightfully mine (the home I live in with 2 disabled children).
The mortgage company continues to refuse to let me assume the loan (though they have not withdrawn the offer of the new loan), and they have filed foreclosure papers in court to have me and the children evicted.
The ex is now willing to do whatever he can (except pay the mortgage of course) to effect ownership transfer to me. He says he's willing to sign a quitclaim deed if that will help. He already signed a bill of sale (before the lender filed the papers to foreclose).
Would a quitclaim deed help? Does he own the house since I have the bill of sale and divorce decree saying it's mine? Does the mortgage company own the house and have a right to kick me and these children out on the streets?
The county recorder's office won't accept my paperwork for filing unless the mortgage company (lien holder) expressly agrees to it.
Can they refuse to accept a quitclaim deed for filing?
Everything that I have says this house is mine, but, is it?
I can't afford a lawyer for this, I'm on my own and know nothing of real estate laws. I have too much income for legal aid.
But I need help, if help is out there anywhere at all.
I'm in Oregon. The home is in Oregon. The ex is in Washington State.
Any help is greatly appreciated.
A 10 year marriage ended when he couldn't handle the medical issues of a severely handicapped child. While he was moving in with the nanny, I was in hospital with the youngest having neurosurgery.
He was a *jerk* for many months, and refused to comply with the decree instructing him to "effect title transfer" to me.
Recently (after over 2 years of trauma) he is becoming more "human" and he signed a bill of sale for $0. Signing the home over to me.
Or so I thought.
The mortgage originated with only him on the loan, because he convinced me my credit was too poor and it would prevent the loan (my credit isn't great, at 618).
The mortgage company is aware that he left nearly 4 years ago. Aware that I am the one who has paid the mortgage payments all this time. Aware that he signed the bill of sale and that the divorce awards me the house.
They let me apply to assume the loan. Or rather, they claimed to.
Once I was approved for assuming the loan, they changed their mind and said would only offer me a new loan (with a significantly higher interest rate).
I've continuously offered this mortgage company that I am willing and able to assume the loan (I met their loan criteria) and want nothing more than to see this resolved so that they get their money, and I keep what is rightfully mine (the home I live in with 2 disabled children).
The mortgage company continues to refuse to let me assume the loan (though they have not withdrawn the offer of the new loan), and they have filed foreclosure papers in court to have me and the children evicted.
The ex is now willing to do whatever he can (except pay the mortgage of course) to effect ownership transfer to me. He says he's willing to sign a quitclaim deed if that will help. He already signed a bill of sale (before the lender filed the papers to foreclose).
Would a quitclaim deed help? Does he own the house since I have the bill of sale and divorce decree saying it's mine? Does the mortgage company own the house and have a right to kick me and these children out on the streets?
The county recorder's office won't accept my paperwork for filing unless the mortgage company (lien holder) expressly agrees to it.
Can they refuse to accept a quitclaim deed for filing?
Everything that I have says this house is mine, but, is it?
I can't afford a lawyer for this, I'm on my own and know nothing of real estate laws. I have too much income for legal aid.
But I need help, if help is out there anywhere at all.
I'm in Oregon. The home is in Oregon. The ex is in Washington State.
Any help is greatly appreciated.
Welcome lady_angel,
A quitclaim deed will help you in getting the property transferred in your name. It will not transfer the mortgage in your name. After the property is transferred in your name, you can again try for assumption of the mortgage. If they do not agree to it, the property can be foreclosed. However, if you're making the payments on time, then the lender cannot foreclose the property.
It will depend upon the county recorder's office whether or not they record the deed. It will be better if you could contact an attorney and take his help in this regard.
A quitclaim deed will help you in getting the property transferred in your name. It will not transfer the mortgage in your name. After the property is transferred in your name, you can again try for assumption of the mortgage. If they do not agree to it, the property can be foreclosed. However, if you're making the payments on time, then the lender cannot foreclose the property.
It will depend upon the county recorder's office whether or not they record the deed. It will be better if you could contact an attorney and take his help in this regard.