URGENT- Can my wife be removed???

IF it is a valid lien, removing her from title won't get rid of the lien.

That is what has me confused. There is no lien against MY house for it. The lien is against her ex-husband's house (which was also foreclosed on BTW). And it is all from 10 years ago.

So, if I remove her from the deed on MY house, does that keep my house clear so I can refinance?

it would seem to me, tridom, that you ought to be able to go ahead with your refinance by doing just as you propose, i.e. to have your wife removed from title to your home, so that you alone are the borrower and mortgagor.

since there is no lien on your current residence, that ought to smooth everything out so that you can proceed.

keep in mind that i'm not a lawyer, so all of the preceding advice is conjecture on my part and not legal advice. you'd be best served to discuss this with an attorney, i think.

Thanks Gmakerley,

That's the way I see it too. But I just got off the phone with the mortgage company and they are saying that could be contrued as defrauding the government (don't ask me....I don't even know how the gocernment could be involved)

Seems to me I'd just be taking back what I gave to begin with in order to protect property that I acquuired long before she and I even met (I originally purchased the house in 1991, the judgement is from 1998, we met in 2000, married in 2005, and I put her on the title that year). Had we known about the judgements she wouldn't have been put on the title to begin with.

Ahhh....such is life. Guess I'll see what the mortgage company comes up with and then see a lawyer if need be.

defrauding the government? how old is this person at the mortgage company? 16?

sorry...i am just questioning the seasoning of someone who would be so naive as to make that sort of remark.

LOL....thanks George. That's about my train of thought too. If it wasn't for the fact that I need to get this refi by the beginning of March, or possibl end up going bankrupt, I'd tell them to stick it somewhere at this point. I had to put out a bunch of money to qualify for the mortgage, which put me in a bad situation- and now may not be able to get it.

BTW- I did contact a lawyer. Waiting for a response from him right now.

Ok- Tridom and I are the same person. I went ahead an joined 'cause it makes things easier. :?

Got another question to ask about this........

I found the paperwork from my previous refi where the mortgage put my wife on the title. They apparently did not catch the judgements. Does that give me any recourse against them?

Also- it looks like my wife signed the Note, but she is not on loan. How can that happen?

I'm still talking to a lawyer, but can not seem to get any answers quick enough, so I'm just looking for opinions from people who know a little more than me about this stuff so I can ask the right questions and not seem like an idiot. :(

I really do appreciate the answers.

first off, having a lack of expertise as a lay person does not equate you with idiocy. ask all the questions you wish - not only will you be edified, we hope, but others who have similar questions will also learn.

if your wife signed a promissory note, she would have to be on the loan. the signing of the note puts her on the loan as an obligor. as for the judgments that weren't noted by the previous lender, you can fuss at them, but i'd have to opine that you have no recourse against them.

i'm curious to know why you're not getting answers from your lawyer quickly enough, to the point that you have to resort to postings on here to get your information. is the lawyer a real estate lawyer? i sure hope so.

One reason- I'm impatient :roll:

It just seems answers from you are coming faster than answers from 3 different lawyers that I've contacted- and I'm kind of impatient person. Also- they are asking to see things like the title search that this stuff was found on and won't take my word for what it says (understandable in a way)- and don't want to provide any answers until they see it. The mortgage company is sending me the title search today, so hopefully it'll start going a little faster. I want to try and get this handled BEFORE someone CAN put a lien on my house. I can''t get the refi unless she is off the title. Can't take her off the title because a lawyer has to do it (according to the County Clerk's office), and can't get a lawyer to do it until the mortgage company gives me the paperwork. So- I don't, at this point, even know if I CAN take her off the title. AARRRGGggghhhh- its frustrating!

the late, great billy preston said it best:
"will it go round in circles,
will it fly high like a bird up in the sky?"

i feel your pain.

I finally found a lawyer that would answer my questions quickly. Just thought I'd post them for the benefit of others.

Turns out that in Virginia, since we did a Warranty Deed and conveyed the house from me (a single man) to us (husband and wife) with joint tenancy and rights of survivorship- I am not responsible for the judgments that took place back before we met....ergo....they can't put a lien on the house- so I can legally remove her from the title and refinance in my name only as long as she is willing to sign the paperwork to convey it back to me (and she is).

Actually, I'd have more problems with doing it if I divorced her. Weird, but somehow it works out that way. If we divorced right now, they COULD put a lien on the house.

Time to party with my sweetheart!!! This whole thing has been a weight on our minds and I think we need to do something nice for each other now that its going to be over.

Thanks Gmarkey, for at least letting me vent it and for giving me as much info as you could!

Hi tdmisc,

I'm happy that the crisis finally got over and the situation now is under control. I'm also very glad to know that our Community Mentor Gmakerley's suggestions helped you a lot. You're absolutely right. It's time to party hard. :) :)

However, if you have further queries, feel free to ask.

Hope to see you again in this forum.

Thanks,

Jerry

whenever we are able to help someone else, it helps us.