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After a divorce signing over all rights to the house is she still able to collect the escrgrow tax r...When you get divorced and the other person signs over in the divorce decree all the rights to the house and is bought out, but after the divorce wont sign the paper work to get there name off the mortgage even though they dont pay on it for over two years, does this person have the right to get the escrgow tax money just because her name is still on the mortgage. Can she legally do that?

gmakerley · Posted: Thu Mar 19, 2009 7:02 am Post subject:

"escrow tax money"?? i don't know what claim either of you would have on an escrow account, if that's what you are describing.

Posted: Thu Mar 19, 2009 7:19 am Post subject:

Basically my husband got a refund from the escrow acct. for overpaying or having left over money so they sent him a refund. But because his ex wifes name is still on the mortgage they sent the check to her for some reason. She cant cash it because he has to sign it as well. But the were divorced at the begininng of last year and she gave up all her rights to the house in the divorce decree. She wont sign the paperwork to send to the va to get her name off the mortrgage so my question is does she have the right to get that money from the escrow account for 2008?

gmakerley · Posted: Thu Mar 19, 2009 7:34 am Post subject:

my guess (and that's all it is) is that she wouldn't have any rights to it, if it was strictly from 2008 and she supposedly relinquished her rights so long ago. however, the smart thing to do in my opinion, might be to split the money with her, and perhaps that will convince her to do what's necessary with the va.
if he had a divorce lawyer involved, that's a good source to go to with questions of this sort, i think.

Posted: Fri Mar 20, 2009 9:17 am Post subject:

It worries me that someone in the mortgage field doesn’t understand escrow analysis (aggregate analysis on an on going basis) and has to “guess”.

Yes, the mortgage servicer has to return any “excess” escrow overage – no choice’ it’s the law.

Yes, the mortgage servicer has to return to those named on the mortgage. The mortgage holder was not served in or part of the divorce. How are they to make a unilateral decision to make the check payable to only one of the parties.

Negotiate with your former spouse or go to court and likely have the excess overage lost to attorney fees … and probably have “excess” attorney fees on top of that!

gmakerley · Posted: Fri Mar 20, 2009 11:19 am Post subject:

okay, guest, i won't be angry at your questioning my business acumen...this is a situation in which we are dealing with a partition in the ownership of the property, and the question had nothing to do with escrow analysis, but rather it was about a check that was received - considered as an escrow overage going back to the consumer. i don't believe i made any mention as to what the servicer was to do with the overage, nor to whom it ought to be paid. that information had already been provided.

your final paragraph: "negotiate with your former spouse" looks suspiciously like what i had suggested.

i don't mind criticism - my skin is tough enough; but let's have it be relevant to what i actually opined. thank you.

Guest

I have the same situation. However, My ex is delinquent on child support so I am taking the check (made out to both of us as he is still on the mortgage but I have the title in my name and have made all the payments) to the child support office and having them process his part of the check, like they do his paycheck. Likely, I will get the money as part of the delinquent payments! I will let you know if this worked.

Guest

My fiance' has been divorced for five years his ex-wife's name is still on the deed. Does she have any rights to the house if a quit claim deed was not signed?

gmakerley · Posted: Sat Oct 17, 2009 6:09 am Post subject:

absolutely...if she is an owner of the home, then nothing can take place concerning title to that home without her assent.

Guest

My divorce was final in August 2009 (but I left in Oct 2007), and I signed a quick claims deed to the house when the divorce was final and she has since refinanced the loan on the house. She just contacted me and asked me to sign a check that she received from the escrow account. She says that the money in the escrow account is from this year and is not my money, she also will not tell me how much the check is for. My question is... Couldn't the check amount be for monies left over from previous years and therefore be mine too? Or did I lose rights to the money when I signed the quick claim deed?

sunnyca2009 · Joined: 04 Aug 2009 Posts: 1731 35.55 Dollars($)

Until you get the full detial on the money and the transcation, you shoudl not sign anything

sunnyca2009 · Joined: 04 Aug 2009 Posts: 1731 35.55 Dollars($)

By the way what paper is your EX is asking you to sign on?

Guest

She wants me sign the back of the check she received from the escrow account.

sunnyca2009 · Joined: 04 Aug 2009 Posts: 1731 35.55 Dollars($)

Well if your name is also on the check, then it probably belogs to you also

gmakerley · Posted: Mon Oct 19, 2009 10:48 am Post subject:

in all likelihood, this is an escrow overage check, and results from an overage that is effective this year only. are you absolutely certain that your ex-wife had refinanced? if she didn't that would explain why the check is joint. either that, or you're working with a lender who can't keep its records straight - not so unusual, really.

there ought to be a letter that accompanied said check. if she can document that it's this year's escrow account, for which she made payments throughout the past year, then it's clearly going to be her money. i don't see you having a valid claim on any of that money.

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