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henryorhank · Joined: 14 Apr 2008 Posts: 5 4.27 Dollars($)

Hi, all. I posted on this topic a while ago, but have some new questions. During our divorce, I signed over the deed of the house to my ex-, but didn't know enough at that time that I should have requested that she refinance the mortgage in her name. which she probably couldn't have done anyway (based on credit score and low income). I think she knew this to be the case, but either failed to mention it, or cunningly withheld that information from me, or just flat out lied and said if I sign the deed I'd be released from all responsibilities, financial and otherwise. I know, I should have hired an attorney, but I was broke, and we agreed to go through it amicably.

Since my name is still on that mortgage, I'm having trouble buying a house of my own. So, now I understand that the only way for my name to be removed from that mortgage is for her to refinance. She agreed to do this, but won't do it unless I pay the closing fees. 1) Can she do this?

ALso, someone mentioned that I should take her to court b/c it's likely that a judge would either order that I be removed as a "responsible party" (not sure how that would work) or have my name replaced on the deed. 2) Is that likely or even possible? (this is in TX)

Sorry for the long post. Thank you.

adonis · Posted: Fri Jan 16, 2009 1:08 am Post subject:

Hi henryorhank,

In my opinion, she cannot force you to pay the closing costs. And as far as suing her is concerned, you should refer an attorney for that. The attorney will look at your divorce papers and will be able to guide you in a better way.

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ex wont refinance unless i pay fees