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 jeanieladd
Joined: 03 Jun 2008
Posts: 2
2.09 Dollars($)
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 Posted: Tue Jun 03, 2008 3:16 pm Post subject: Mortgage still in my name and ex unable to assume |
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| My ex and I divorced in 2005, and the decree states that I will be divested of all right, title and iterest in and to said real property. Well, the loan is still soley in my name and my current spouse and I are planning on purchasing a home in Florida. Luckily, all the payments have been prompt. What are my options? The ex doesn't have the credit or job history to assume the loan. Can a notarized Quit Claim Deed be enough? |
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cliff
Community Experts
Joined: 05 May 2008
Posts: 328
Location: Houston
75.44 Dollars($)
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| Posted: Tue Jun 03, 2008 4:00 pm Post subject: |
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I would do a quit claim deed and get him to refinance the home. The reason I say this is because if he misses a payment is will have a negative affect on your credit!
_________________
Cliff Pape
Market Analyst
www.home-buddies.com |
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jeanieladd
Joined: 03 Jun 2008
Posts: 2
2.09 Dollars($)
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| Posted: Tue Jun 03, 2008 4:20 pm Post subject: |
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| Problem is, he has no w-2 for last year and no recorded income aside from my alimony and child support. I don't even think he has filed an income tax for last year...isn't that illegal? Thanks, by the way. |
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cliff
Community Experts
Joined: 05 May 2008
Posts: 328
Location: Houston
75.44 Dollars($)
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| Posted: Tue Jun 03, 2008 7:04 pm Post subject: |
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Wow that is terrible! Eventually he will have to deal with the IRS and it will not be pretty.
What is your new husband’s credit score?
Don't worry I'm here to help and we will figure this out. 
_________________
Cliff Pape
Market Analyst
www.home-buddies.com |
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jheard
Moderator
Joined: 12 Dec 2007
Posts: 620
Location: Houston, TX
101.15 Dollars($)
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| Posted: Wed Jun 04, 2008 8:02 am Post subject: |
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Sell the house, pay off the mortgage, and give the husband the excess proceeds.
_________________
Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation. |
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cliff
Community Experts
Joined: 05 May 2008
Posts: 328
Location: Houston
75.44 Dollars($)
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| Posted: Thu Jun 05, 2008 7:17 am Post subject: |
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Hi jheard, I hope all is well. How does she entice her husband to sell the house?
_________________
Cliff Pape
Market Analyst
www.home-buddies.com |
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jheard
Moderator
Joined: 12 Dec 2007
Posts: 620
Location: Houston, TX
101.15 Dollars($)
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| Posted: Fri Jun 06, 2008 1:36 pm Post subject: |
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Cliff: a motion to enforce the divorce judgment.
_________________
Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation. |
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cliff
Community Experts
Joined: 05 May 2008
Posts: 328
Location: Houston
75.44 Dollars($)
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| Posted: Sun Jun 08, 2008 8:12 pm Post subject: |
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O thanks! So with the motion to enforce her husband will be required to remove her from the mortgage?
_________________
Cliff Pape
Market Analyst
www.home-buddies.com |
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jheard
Moderator
Joined: 12 Dec 2007
Posts: 620
Location: Houston, TX
101.15 Dollars($)
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| Posted: Mon Jun 09, 2008 6:25 am Post subject: |
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No, the order will require him to sell the property at auction. Once sold, the mortgage will be paid.
_________________
Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation. |
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Guest
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| Posted: Mon Jun 09, 2008 8:14 am Post subject: |
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| THANKS |
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cliff
Community Experts
Joined: 05 May 2008
Posts: 328
Location: Houston
75.44 Dollars($)
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| Posted: Tue Jun 10, 2008 6:01 am Post subject: |
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Jay I really appreciate having you on this site. Where in Houston do you office?
_________________
Cliff Pape
Market Analyst
www.home-buddies.com |
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jheard
Moderator
Joined: 12 Dec 2007
Posts: 620
Location: Houston, TX
101.15 Dollars($)
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| Posted: Tue Jun 10, 2008 8:07 am Post subject: |
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Westheimer and Wilcrest
_________________
Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation. |
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Guest
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| Posted: Tue Jun 10, 2008 3:36 pm Post subject: |
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| I'm out by the Galleria but, I used to live and work by the old Town and Country mall. Anything I can do to help you... |
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cliff
Community Experts
Joined: 05 May 2008
Posts: 328
Location: Houston
75.44 Dollars($)
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| Posted: Tue Jun 10, 2008 3:37 pm Post subject: |
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| Sorry about that mortgagefit had logged me out. The last post was from me. |
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