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amymyr
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 Posted: Wed Sep 09, 2009 11:34 pm Post subject: have a quit claim deed but spouse filed bankruptcy on my hom |
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During my divorce, my spouse signed a quit claim deed and the court awarded me the home. However, he was supposed to pay a portion of an equity loan. When I tried to refinance to get it all in my name only, I found out he hadn't been paying his court ordered portion. So, after working massive amounts of overtime, I finally caught up his portions so I could apply for refinancing. Only to find out he filed chp 7 bankruptcy, including my home in his assets.
The bank said they can't remove his name from the loan without a letter authorizing it from his lawyer. Since he lives in another state, this took awhile to find out who it was. I'm attempting to send all the paperwork proving he has no legal right to the house to the lawyer so they will maybe provide the letter to the bank.
So, if they refuse, can they try to seize my home? Isn't this illegal since he signed over all rights to the home to me and I have been making all the payments, his and mine? Is this fraud on his part? My lawyer has been out of town, and I haven't been able to get legal advice. Is this going to affect my credit?
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 Niicss
Joined: 03 Oct 2005
Posts: 2620
Location: New Jersey
409.63 Dollars($)
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| Posted: Thu Sep 10, 2009 3:00 am Post subject: |
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Though your ex-spouse signed over the property to you, his name was not removed from the mortgage. Thus, he included the mortgage in his bankruptcy filings. I would suggest you to immediately take some advice from the attorney and check out what steps you can take in order to refinance the property. In my opinion, the lender will not be able to seize the property as it is in your name.
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gmakerley
Community Mentor
Joined: 09 Nov 2007
Posts: 7407
Location: bloomfield, ct
63.04 Dollars($)
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| Posted: Thu Sep 10, 2009 8:00 am Post subject: |
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if you are paying your mortgage, who is it that you think might take your home? you apparently have court orders directing him to deliver his interest in the home to you - that is sufficient evidence that you own the home, and i have a hard time discerning how his bankruptcy could cause you to lose that home.
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jheard
Moderator
Joined: 12 Dec 2007
Posts: 599
Location: Houston, TX
98.69 Dollars($)
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| Posted: Sun Sep 13, 2009 10:37 am Post subject: |
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The mortgage and title are separate. If your husband listed the mortgage, it was as a debt. If he listed the house as an asset, he was wrong, because of the divorce judgment. They will not be able to seize your house, and it will not affect your credit.
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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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