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Hoping someone can help. I got my house in the divorce through a quit claim deed. I am not on the mortgage and the house was never in my name until after the divorce. I am selling my house and just found out there is a $7000 lein on it in my ex husbands name. He filed bankruptcy after the lein was placed, the debt was discharged but he failed to have it removed. The title company is telling me only he can get it removed and he has no motivation to cooperate. How can I get stuck with a debt that no longer exists and was never mine? How was property transfered with a debt attached to it?

raymond · Posted: Mon Oct 26, 2009 9:49 am Post subject:

>>How can I get stuck with a debt that no longer exists and was never mine?

Because as far as the Lienholder is concerned, it's not your house. It belongs to your ex. And it can happen again too. He can stop paying his bills and the resulting Judgements will get attached to the house.

>>How was property transfered with a debt attached to it?

Because Title was separated from the Note with a Quit Claim. That's not the proper legal way to have a property transferred. The legal way would have been to refinance it, so you'd be on the Note and Title.

If I were you I'd talk to your ex first. If he's not helpful, call your Divorce Attorney and explain what has happened. Maybe he can contact your ex's Attorney and they can ask him to work with you. A Judge can also resolve the problem also, but you'll need a Real Estate Attorney if it comes down to that.

This is another reason Lenders have the due-on-sale clause in their Notes, saying the loan is due and payable if the Title is modified after the Note has been signed. Modifying Title usually results in messy situations.

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my ex husband has a lein on my house