Posted on: 18th Dec, 2012 06:33 am
As part of my divorce, I quit-claimed my ownership to the apartment complex that I owned with my ex-husband and am suppose to be paid a lump sum in 5 years (I was to receive a deed of trust). My attorney failed to obtain signatures and file my deed of trust and my ex-husband refinanced the property without disclosing to the lender my claim to the property.
My ex-husband pulled most of the equity out of the property when he refinanced. Once my attorney gets the Deed of Trust filed do I have the legal right to have the refinancing reversed? Due to my lawyers oversight there is no equity supporting my deed of trust.
My ex-husband pulled most of the equity out of the property when he refinanced. Once my attorney gets the Deed of Trust filed do I have the legal right to have the refinancing reversed? Due to my lawyers oversight there is no equity supporting my deed of trust.
Technically, you've lost all your rights to the property whatsoever. However, you can bring in a lawsuit against your husband, provided you have all the necessary documents to prove your case.
Hi Guest,
As far as I know you may be able to take legal actions against your ex-husband if you don't receive your dues in 5 years. But I don't think you will be able to reverse the refinance.
Thanks
As far as I know you may be able to take legal actions against your ex-husband if you don't receive your dues in 5 years. But I don't think you will be able to reverse the refinance.
Thanks
No, the purpose of filing a deed is to give others notice of your instrument. Since the lender had no notice, it is not bound by your instrument. Also, the first in time rule applies, so you instrument cannot be retroactive.
Didn't my ex-husband commit mortgage fraud my not disclosing my claim (deed of trust) to the property when he refinanced. Wouldn't this be a motivator to encourage him to pay me without going through a legal battle.
Welcome Guest,
You can negotiate with your ex-husband regarding this matter. It is up to him to decide what he would do! You may even take legal help in this matter.
You can negotiate with your ex-husband regarding this matter. It is up to him to decide what he would do! You may even take legal help in this matter.
I assume this property settlement is part of your divorce decree, so it's legally binding. However, your attorney's failure to record the deed of trust in a timely fashion affects your lien against the property - your lien is subject to any prior recorded deed of trust (so no, you can't have his refinancing reversed, and, as you stated, you may not have any equity in your lien position.)
Thanks for the explanation, Guest! :)