Posted on: 21st Aug, 2007 10:00 am
i had asked an earlier question and gotten lots of help from all of you, on being divorced, and trying to get my name off of a loan for a house. since then i have found and contacted a lawyer in new mexico, and awaiting the call back to try to do a partition lawsuit. he has now admitted to a friend of mine that he is purposly keeping me on the loan and making payments late every month to hurt my credit. i have not done a quit claim deed. he is now going to sue me because i havent signed a quit claim and mentioned something about a proxy? if i sign a quit claim deed and he keeps making late payments, this will not help my credit to buy a house, yet he still will not refinance to get my name off the loan. i had told him that if he did refinance i would be there ready to sign the quit claim pending the refinance. but he says he has a case to sue me, saying that i never put a dime in the house. i just want my name off the loan. i dont want the house. my decree states that he gets the house, and responsibility for the loan, but there was nothing stated that he has to refinance. i need help
"My decree states that he gets the house, and responsibility for the loan, but there was nothing stated that he has to refinance."
As he has been given the responsibility to make the payments but is not doing so, you should approach the court and tell them about it. Court will then take steps to make sure that he continues the mortgage payments in time.
As he has been given the responsibility to make the payments but is not doing so, you should approach the court and tell them about it. Court will then take steps to make sure that he continues the mortgage payments in time.
"Since then I have found and contacted a lawyer in New Mexico, and awaiting the call back to try to do a partition lawsuit. "
You cannot go for a partition lawsuit as the house has been given to your husband as per the divorce decree.
You cannot go for a partition lawsuit as the house has been given to your husband as per the divorce decree.
Hi Wiley,
Welcome to Mortgagefit discussion board.
David is right. In your situation a partition lawsuit will not be applicable. It used when one of the co owners wants the house to be sold while other owners do not.
But for you it is not so, in your divorce, the judgment has been given the he will be getting the house, so you will have to transfer ownership to him using a quit claim deed.
Inform the mortgage company that you will be quit claiming the house as per divorce decree to your ex husband. They will then ask your ex husband to refinance the loan in his name or the house be sold off and there dues repaid. Title change does result in mortgage becoming due and payable.
You do not have any problems if the house gets sold, so you should ask the mortgage company to enforce the clause which requires the mortgage to be paid off when there is a change in title ownership.
Do let me know if you have any other questions.
Thanks
Blue
Welcome to Mortgagefit discussion board.
David is right. In your situation a partition lawsuit will not be applicable. It used when one of the co owners wants the house to be sold while other owners do not.
But for you it is not so, in your divorce, the judgment has been given the he will be getting the house, so you will have to transfer ownership to him using a quit claim deed.
Inform the mortgage company that you will be quit claiming the house as per divorce decree to your ex husband. They will then ask your ex husband to refinance the loan in his name or the house be sold off and there dues repaid. Title change does result in mortgage becoming due and payable.
You do not have any problems if the house gets sold, so you should ask the mortgage company to enforce the clause which requires the mortgage to be paid off when there is a change in title ownership.
Do let me know if you have any other questions.
Thanks
Blue
"he is now going to sue me because I havent signed a quit claim and mentioned something about a proxy? "
What 'proxy'?
I haven't heard of anything such as an proxy used in quit claim deeds.
What 'proxy'?
I haven't heard of anything such as an proxy used in quit claim deeds.
Thank you, I had talked with the loan company and they told me that a quit claim would not release me from the loan. The only choice left then, to get me off the loan, is if he decided to refiance or sell....I just want my name off, especially since he has decided and admitted to purposely paying late on the loan to mess with my credit. I didnt understand the proxy thing either, but that is what he threw at me.
"I just want my name off, especially since he has decided and admitted to purposely paying late on the loan to mess with my credit. "
You have any proof that he said so? If you have then that can be used to show to court that he is not adhering to the divorce decree which states that he has to continue the payments.
You have any proof that he said so? If you have then that can be used to show to court that he is not adhering to the divorce decree which states that he has to continue the payments.
I have an email that my friend stated to him that he told her this about paying the payments late, and he had emailed her back and said yes he is doing this. I have not had any contact from him in over three years. I sent him a certified letter 2 years ago, asking him to refinance and then I would sign the claim on the day of the close. I never heard back from him.
"I have an email that my friend stated to him that he told her this about paying the payments late, and he had emailed her back and said yes he is doing this."
Email is considered as valid proof. I think you should approach the court in this matter. Chances are that court will take steps so that your husband starts to make the payments in time and also refinances. Contact an attorney and explain these points. Also tell him about the email.
Miller
Email is considered as valid proof. I think you should approach the court in this matter. Chances are that court will take steps so that your husband starts to make the payments in time and also refinances. Contact an attorney and explain these points. Also tell him about the email.
Miller
Hi Jdranch,
Once you do the quitclaim and transfer the ownership rights back to your ex husband, he will have to do the refinance. After the change in title, the lender will require him to refinance the loan in his own name.
And the Email will certainly work as an evidence against him, incase you take the matter to the court.
Once you do the quitclaim and transfer the ownership rights back to your ex husband, he will have to do the refinance. After the change in title, the lender will require him to refinance the loan in his own name.
And the Email will certainly work as an evidence against him, incase you take the matter to the court.
In a divorce situation, can a judge force one party to sign a quit claim deed if the other party is unable to refinance in their sole name?
Hi SusieQ,
Welcome to the forum.
What the Court says that is the final. We should not better argue on that. But the divorce decree say one party have to quitclaim, you can raise the issue to the Judge that you can't refinance. Then it may be possible that can assume the mortgage with the help of the lender.
Thanks.
Welcome to the forum.
What the Court says that is the final. We should not better argue on that. But the divorce decree say one party have to quitclaim, you can raise the issue to the Judge that you can't refinance. Then it may be possible that can assume the mortgage with the help of the lender.
Thanks.