I need to get my name off of the finance of the mortgage. How can I ?

[chiquita]

My ex-husband and I divorced in 2011. I wanted to get my name off the mortgage as soon as possible to purchase a new home of my home. I gave up the house. Without having to go put forth money at that moment, because he didn't have any, no job, and other deep personal reasons, someone told him of a Quite Claim Deed. I signed that document thinking that it would free me legally. He did say that he would get the house refinanced later when he could afford it. It's been over 2 years. 3-4 jobs later that he has had, and remarried, and he still hasn't refinanced. He has missed a payment. It is effecting my credit score. I am trying to get my credit cleaned up. His financial habits still haunt me. I am trying so hard to get rid of any connection I have with him. What options are out there to free me of this mortgage? I don't want to tear the house from him only because 3 of my 4 kids still live in the home with him. If my kids didn't live there, I would have ripped it from him and he would have nothing. Can you advise of what options I have either way? Can I take over the house even though I signed the quitclaim deed? Can I get a court order for him to refi the house? what else?

 

[army judge]

You have a nightmare, madam.
You need to discuss this with an attorney.
I'm not privy to your divorce decree, and don't want to know. But, the divorce should have covered it.
You're confusing a quit claim deed (which is normally useless and unwarranted) with a mortgage (finance contract).
The lender won't release either of you, as two debtors are often better than one.

Anyway, talk to a lawyer and see if he or she sees anything in your divorce pleadings that could help.

A quit claim deed from Joe to Bob gives Bob all the interests in the property that Joe possesses.
In most cases, Joe owns nothing, so Bob gets nothing.
In your case, if you gave your FORMER-HUBBY your interests, all he received was a deed without your name on his deed.
That won't free you of your financial obligation on the note.
You both appear stuck with the mortgage.
If the note isn't paid, the home will likely be foreclosed against.

See a lawyer. Discuss your legal options. All I see is a bankruptcy as a way out from under the note. Discuss that with a BK lawyer.

 

[Proserpina]

My ex-husband and I divorced in 2011. I wanted to get my name off the mortgage as soon as possible to purchase a new home of my home. I gave up the house. Without having to go put forth money at that moment, because he didn't have any, no job, and other deep personal reasons, someone told him of a Quite Claim Deed. I signed that document thinking that it would free me legally. He did say that he would get the house refinanced later when he could afford it. It's been over 2 years. 3-4 jobs later that he has had, and remarried, and he still hasn't refinanced. He has missed a payment. It is effecting my credit score. I am trying to get my credit cleaned up. His financial habits still haunt me. I am trying so hard to get rid of any connection I have with him. What options are out there to free me of this mortgage? I don't want to tear the house from him only because 3 of my 4 kids still live in the home with him. If my kids didn't live there, I would have ripped it from him and he would have nothing. Can you advise of what options I have either way? Can I take over the house even though I signed the quitclaim deed? Can I get a court order for him to refi the house? what else?

This is a problem.

I'll keep to generalities though.

What has happened is that he's the sole owner now...and you're still on the hook for payment. This is unfair, but it happens with a disturbing frequency. In other words, you're essentially paying him to live there. If he remarries, nothing will change. If he moves out, he still owns the property and can essentially do what he wants with it. It's too late to reopen the divorce to address the settlement, and unless you buy him out I can't see of anything you can actually do about unless bankruptcy is an option.

Basically though, the court cannot force him out, and the court cannot readdress the settlement. Even if the court was able to penalize him for not refinancing (and I'm assuming this wasn't a condition), they cannot do much to him realistically speaking; they cannot void the agreement between you and the lender, and if your ex is unable to refi it's unlikely he'd get penalized at all.

(Refi is generally only enforceable if it's a reasonable option)

I'm sorry, but I agree with AJ on this one. It's a mess, and unfortunately there's not much you can do.

 

[fredrikklaw]

Lis Pendens or Partition!

CHIQUITA...

There are two options that you can exercise, both of which are quite drastic but will most probably yield you the desired outcome and bring the matter to a conclusion much faster than the repeated pleadings and requests to your ex-husband to refinance the house, which, at this juncture it is painfully obvious he is either unable or unwilling to do.

Option one is would be for you is to commence a civil, unlimited suit against your ex-husband for money damages arising out of the dealings surrounding the finances and ownership of the house, and that will allow you to also file simultaneously an action for Lis Pendes. A Lis Pendens action will then operates as lien on on the property (cloud the title) and is recorded with the county pending the outcome the lawsuit

Or, you can straight up move for suit to Partition the property. Partition is an action in which a judge will determine the rights of the parties in regards to the ownership of the house when the parties cannot come to an amicable solution on their own and included in the authority of the court is the order of forced sale of the property or division of the property.

fredrikklaw

 

[army judge]

CHIQUITA...

There are two options that you can exercise, both of which are quite drastic but will most probably yield you the desired outcome and bring the matter to a conclusion much faster than the repeated pleadings and requests to your ex-husband to refinance the house, which, at this juncture it is painfully obvious he is either unable or unwilling to do.

Option one is would be for you is to commence a civil, unlimited suit against your ex-husband for money damages arising out of the dealings surrounding the finances and ownership of the house, and that will allow you to also file simultaneously an action for Lis Pendes. A Lis Pendens action will then operates as lien on on the property (cloud the title) and is recorded with the county pending the outcome the lawsuit

Or, you can straight up move for suit to Partition the property. Partition is an action in which a judge will determine the rights of the parties in regards to the ownership of the house when the parties cannot come to an amicable solution on their own and included in the authority of the court is the order of forced sale of the property or division of the property.

fredrikklaw

That's great advice as usual, FL, but you might want to review what Chiquita revealed in her top post.

Those are remedies available, alas, you must have an ownership interest in a home to ask the court to partition the property.

As far as a lis pendens, Chiquita deeded her ownership to her former hubby via quit claim based on a promise.

I'm sure her former hubby will also tell a rather divergent tale of these events.

Anyway, great advice in some situations.

 

[Proserpina]

That's the problem - Chiquita sort of shot herself in the foot. I think we'd all agree that she made a huge error, and that she should have had an attorney involved before signing anything, unfortunately she didn't (for whatever reason - I'll go with "I trusted him" and "He promised", neither of which are unreasonable).

Partitioning at this point is not a valid option unfortunately. If OP was looking to address a property not included in the final decree, that may have been possible. But the divorce did already address this property, and OP would be barred by res judicata from litigating the same matter. She's not appealing (too late) and she can't reopen the divorce (again too late); there is no issue with fraud, and no issue of duress either. OP is (basically) wanting a do-ever.

(There's a pretty good example here: http://www.houston-opinions.com/fil...in-real-estate-lit-based-on-divorce-case.html

The only thing I can think of is if the decree actually did order her Ex to do X Y and Z within a specific time-frame. I don't think that's the case though.

Anyway. I'm boring myself rigid, so I'll take a break

 

[army judge]

Aww, come on, Pro; one thing this place and the posters aren't is boring!
I read the posts on here and I laugh, I get sad, I get upset, I get glad, I get informed, I get amused, I get angry, and I even get confused; but I never get bored! :nuts:roflmao::biglol:

 

[Proserpina]

Aww it's not the posters - it was the oodles of brain stuff my brain was actually wanting to avoid