Posted on: 24th Oct, 2009 09:16 pm
origina warranty deed is in my name only. mortgage paperwork filed with r/d's office has both ex and my names on it. somewhere in my fooooolish attempt to show my concern and to take her sorry tail and her 3 kids (one of whom was 32 at the time) out of the welfare system and give them a good home i said that i wanted to make sure the house was hers - no matter how we ended our marriage not that i thought we'd end our marriage but of course who doesnt think that in the first 5 months of a marriage - so i signed a quit claim (joint tenacy) deed - thinking that i was going to make sure she had a right to the home because her name was not on the original deed. 12 years , 5 of those years in separation, and 1 year into my current marriage (yes the sun do shine again and god is good) my wife requests a look at our borrowing potential and sees a very recent hard inquiry on my credit report that both she and i were completely unaware of happening as well as why it would have happened. we contacted the company that made the inquiry to find out that my ex wife - separated over 5 years and divorced over 1 year has just a month ago, been given approval for a repayment agreement and when i asked the mortgage company about it - they said yes - the mortgage which they say is only in my name (unknown yet how that happened because it was originally in both ours) it's in loss mitigation and repayment agreement made based on my salary and my credit report.
it was late friday when all this came to light and i will contact our lawyer on monday before i talk to the mort. company again but i can't sleep because it's working my head and i just keep running all these things through my head and wondered if maybe someone who is awake would have an answer to some of them to help me sleep a little better.
1. ex wrote both our names in grantors - only hers in grantee. she's not even on the original warranty deed. and yes i signed it but when i looked at it i thought i thought it simply meant i'm on deed and now she is too. i paid the mortgage (punctually) when i was in the home. hell, i worked 2 jobs, 18 hours a day but she decided that she'd skip a few payments because her daughter needed modeling lessons. the first overdue notice that i found in a drawer sent me over the limit and i left for good. anyway - according to the r/d's office - there is orig. deed. (my name only) original and now assigned mort. with both our names on them and quit claim (joint tenancy) that clearly states me and her (grantors) and her as grantee. which means, with the mortgage in default status i can't even make an agreement to short sale it without her approval - but my wife says that she doesnt think the quit claim is proper document because there was a lien on the home and a mortgage company that would have to agree to it - and that was never done because i simply figured i was adding ex wife not taking me out of property rights.
2. i simply do not understand this repayment agreement on a 1 year past due payments home in my name without my approval.
so anyway - the mortgage company says that mine is the only name on the mortgage so i faxed over a request to remove from loss mitigation as well as remove ex from being able to speak to them concerning the mortgage. i also immediately placed 90 day fraud alerts with credit bureaus to curb whoever is obviously using my personal information so freely.
i gotta admit it felt good to get all that out. and i sure hope the lawyer at the very least can help direct me out of this situation.
it was late friday when all this came to light and i will contact our lawyer on monday before i talk to the mort. company again but i can't sleep because it's working my head and i just keep running all these things through my head and wondered if maybe someone who is awake would have an answer to some of them to help me sleep a little better.
1. ex wrote both our names in grantors - only hers in grantee. she's not even on the original warranty deed. and yes i signed it but when i looked at it i thought i thought it simply meant i'm on deed and now she is too. i paid the mortgage (punctually) when i was in the home. hell, i worked 2 jobs, 18 hours a day but she decided that she'd skip a few payments because her daughter needed modeling lessons. the first overdue notice that i found in a drawer sent me over the limit and i left for good. anyway - according to the r/d's office - there is orig. deed. (my name only) original and now assigned mort. with both our names on them and quit claim (joint tenancy) that clearly states me and her (grantors) and her as grantee. which means, with the mortgage in default status i can't even make an agreement to short sale it without her approval - but my wife says that she doesnt think the quit claim is proper document because there was a lien on the home and a mortgage company that would have to agree to it - and that was never done because i simply figured i was adding ex wife not taking me out of property rights.
2. i simply do not understand this repayment agreement on a 1 year past due payments home in my name without my approval.
so anyway - the mortgage company says that mine is the only name on the mortgage so i faxed over a request to remove from loss mitigation as well as remove ex from being able to speak to them concerning the mortgage. i also immediately placed 90 day fraud alerts with credit bureaus to curb whoever is obviously using my personal information so freely.
i gotta admit it felt good to get all that out. and i sure hope the lawyer at the very least can help direct me out of this situation.
Paddle
You have spelled your situation but haven't mentioned any question...
You have spelled your situation but haven't mentioned any question...
hi paddle,
since your ex-wife is the only person listed on the quitclaim deed as grantee, she is now the legal owner of the property. you do not have any legal rights to the property as you have given them up through the quitclaim deed. but the mortgage is still in your name and you are responsible for the debt until she refinances it in her name. but it is a little surprising to know the lenders made a hard inquiry on your credit to approve repayment agreement for your wife and you were not even informed about this inquiry. this is strange.
there is not much that you can do to now. if the mortgage is in your name, you cannot get your name off it without a refinance by her. you cannot file a partition lawsuit against her and force a sale of the house, because you have given up your property interest. but you need to keep a close eye on your credit report from now on. you can also contact a lawyer and check out if there are any legal options for you to get out of this messy situation.
since your ex-wife is the only person listed on the quitclaim deed as grantee, she is now the legal owner of the property. you do not have any legal rights to the property as you have given them up through the quitclaim deed. but the mortgage is still in your name and you are responsible for the debt until she refinances it in her name. but it is a little surprising to know the lenders made a hard inquiry on your credit to approve repayment agreement for your wife and you were not even informed about this inquiry. this is strange.
there is not much that you can do to now. if the mortgage is in your name, you cannot get your name off it without a refinance by her. you cannot file a partition lawsuit against her and force a sale of the house, because you have given up your property interest. but you need to keep a close eye on your credit report from now on. you can also contact a lawyer and check out if there are any legal options for you to get out of this messy situation.