Posted on: 30th May, 2007 06:02 pm
my father divorced approx 1 1/2 years ago and the ex wife was awarded the house and per divorce decree she had up to four years to refinance or sell the house, she did neither, she passed away a couple months ago and her daughter signed a quick claim deed of the property to herself (from her mother) however the mortgage is in my fathers name and then ex wifes name (never had income) what rights does my father have to the said house? the bank is also contacting my father (this is not the first time) as the payments are now behind. what rights does my father have to the house? please help
Hi,
Welcome to Mortgagefit discussion board.
As per the divorce decree the mortgage was required to be refinanced within 4 years or the house sold. As she did not refinance, you should file a lawsuit to get the house sold and mortgage paid off from the proceeds of the sale.
The decree does not mention what would have to be done in case she died, so you will have to approach the court to give a decision in this regard.
Do let me know if you have any other questions.
Thanks
Blue
Welcome to Mortgagefit discussion board.
As per the divorce decree the mortgage was required to be refinanced within 4 years or the house sold. As she did not refinance, you should file a lawsuit to get the house sold and mortgage paid off from the proceeds of the sale.
The decree does not mention what would have to be done in case she died, so you will have to approach the court to give a decision in this regard.
Do let me know if you have any other questions.
Thanks
Blue
Hi,
Better you ask your father to discuss with an attorney and if needed knock the door of the court.
Thanks,
Jerry.
Better you ask your father to discuss with an attorney and if needed knock the door of the court.
Thanks,
Jerry.
Hi,
Your father does not have any right on the house. Since your father awarded it to her ex-wife and added her name in the title. Is his name on title? If not, then no right on the house.
Your father does not have any right on the house. Since your father awarded it to her ex-wife and added her name in the title. Is his name on title? If not, then no right on the house.