Escrow refund - Who gets it after the divorce is finalized?

"escrow tax money"?? i don't know what claim either of you would have on an escrow account, if that's what you are describing.

Basically my husband got a refund from the escrow acct. for overpaying or having left over money so they sent him a refund. But because his ex wifes name is still on the mortgage they sent the check to her for some reason. She cant cash it because he has to sign it as well. But the were divorced at the begininng of last year and she gave up all her rights to the house in the divorce decree. She wont sign the paperwork to send to the va to get her name off the mortrgage so my question is does she have the right to get that money from the escrow account for 2008?

my guess (and that's all it is) is that she wouldn't have any rights to it, if it was strictly from 2008 and she supposedly relinquished her rights so long ago. however, the smart thing to do in my opinion, might be to split the money with her, and perhaps that will convince her to do what's necessary with the va.
if he had a divorce lawyer involved, that's a good source to go to with questions of this sort, i think.

It worries me that someone in the mortgage field doesnt understand escrow analysis (aggregate analysis on an on going basis) and has to

Yes, the mortgage servicer has to return any escrow overage no choices the law.

Yes, the mortgage servicer has to return to those named on the mortgage. The mortgage holder was not served in or part of the divorce. How are they to make a unilateral decision to make the check payable to only one of the parties.

Negotiate with your former spouse or go to court and likely have the excess overage lost to attorney fees and probably have attorney fees on top of that!

okay, guest, i won't be angry at your questioning my business acumen...this is a situation in which we are dealing with a partition in the ownership of the property, and the question had nothing to do with escrow analysis, but rather it was about a check that was received - considered as an escrow overage going back to the consumer. i don't believe i made any mention as to what the servicer was to do with the overage, nor to whom it ought to be paid. that information had already been provided.

your final paragraph: "negotiate with your former spouse" looks suspiciously like what i had suggested.

i don't mind criticism - my skin is tough enough; but let's have it be relevant to what i actually opined. thank you.

I have the same situation. However, My ex is delinquent on child support so I am taking the check (made out to both of us as he is still on the mortgage but I have the title in my name and have made all the payments) to the child support office and having them process his part of the check, like they do his paycheck. Likely, I will get the money as part of the delinquent payments! I will let you know if this worked.

my fiance' has been divorced for five years his ex-wife's name is still on the deed. does she have any rights to the house if a quit claim deed was not signed?

absolutely...if she is an owner of the home, then nothing can take place concerning title to that home without her assent.

My divorce was final in August 2009 (but I left in Oct 2007), and I signed a quick claims deed to the house when the divorce was final and she has since refinanced the loan on the house. She just contacted me and asked me to sign a check that she received from the escrow account. She says that the money in the escrow account is from this year and is not my money, she also will not tell me how much the check is for. My question is... Couldn't the check amount be for monies left over from previous years and therefore be mine too? Or did I lose rights to the money when I signed the quick claim deed?

Until you get the full detial on the money and the transcation, you shoudl not sign anything

By the way what paper is your EX is asking you to sign on?

She wants me sign the back of the check she received from the escrow account.

Well if your name is also on the check, then it probably belogs to you also

in all likelihood, this is an escrow overage check, and results from an overage that is effective this year only. are you absolutely certain that your ex-wife had refinanced? if she didn't that would explain why the check is joint. either that, or you're working with a lender who can't keep its records straight - not so unusual, really.

there ought to be a letter that accompanied said check. if she can document that it's this year's escrow account, for which she made payments throughout the past year, then it's clearly going to be her money. i don't see you having a valid claim on any of that money.

Thnak you for clarifyign that George