Posted on: 08th Dec, 2009 05:56 am
i have an unusual situation in that my ex, a judge, tricked me into signing a quit claim for the house and the boat. three years later he refuses to refinance to remove my name from the properties. furthermore, he has continued to borrow more money from the home equity line of credit despite the separation agreement that we not encure debt in each others name. at this point i have frozen the account but its is almost 70k. question - is the line of credit included in the quit claim of the regular mortgage and if not, what is my recourse? as well, do i not have recourse for his breach in the separation agreement?
it would appear to me that you ought to have a lawyer on your side to take swift action against your former husband. yes, indeed, you ought to have rights to act; but your rights cannot be protected without action. you need to get on this - what your recourse is would be hard to spell out, though you can certainly attempt to recover damages in the courts, one would have to think.
Welcome Katherine,
A quit claim deed will never remove you from the mortgage. It will only remove your name from the property deed. In order to remove you from the mortgage, your ex will have to refinance the loan in his name. Thus, the question of line of credit getting included in the quit claim does not arise. If your name is on the mortgage, you're responsible for it.
A quit claim deed will never remove you from the mortgage. It will only remove your name from the property deed. In order to remove you from the mortgage, your ex will have to refinance the loan in his name. Thus, the question of line of credit getting included in the quit claim does not arise. If your name is on the mortgage, you're responsible for it.
Thanks - I am going to call a friend who is an attorney tomorrow and see if he can recommend anyone out of town. The problem is that all of the attornies here have to stand before him so are reluctant to represent me. Then I get into shipping an attorny in from out of town. Ina ny event, thanks for your input. I have also called the bak to see if they might take any action.
i hope you find a lawyer with some intestinal fortitude. too bad you have to be in a situation that finds all of the local lawyers scared. that's shameful, frankly.