Posted: Fri Oct 24, 2008 4:05 pm Post subject: Can my ex force me to sell my house?
I have been divorced for over four years. My ex's name is still on the mortgage even though I pay it (on time) and the taxes and have for several years now. I have been trying to refinance to remove his name but they denied me and told me to try again in six months. Now my ex is threatening me and trying to force me to sell the house. I refuse. Since I am not defaulting on the mortgage and pay every month on time is there anything he can do to force me to sell? And if so, is there anything I can do to stop him? Losing my home would mean losing my business (my pottery studio is in my home) and my livelihood. What can I do until I am able to refinance?
First and foremost no-one can force you to sell your house. I believe your name is on the property deed and not on the mortgage. Let me ask you -- is your ex's name on the property deed? If not, then he will stand no chance. But if his name is on the property title, he may file a partition law suit to enforce a sale.
In my opinion it will be better if you can take some legal help. The attorney will suggest you as to how you should deal with your ex in this matter.
You can try for novation if refinance is not possible at this point of time. This is also a way in which mortgage can be transferred however lenders normally prefer refinance. As you have always paid the mortgage on time, may be the lender will accept the novation.
Sussane, both of our names are on both the mortgage and the deed. So I guess that means he can file a partition law suit. If this is the road he takes is there anything I can to stop that? Does the fact that I pay the mortgage and the taxes and that I live in the house have any bearing on that? Basically, I am wondering what his chances are of making me lose my house. It is hard for me to believe that I could lose it as long as I am paying for it just because he wants his name off the mortgage.
I will be seeking the help of a lawyer within the week, but any advise you can offer at this time would ease my mind tremendously. The fear of losing my home is worse than going through my divorce. ugh...
My question is why is the lender/broker telling you to come back in 6 months? What was the denial for, if I may ask? Since you are on the deed and the mortgage, you shoud be able to do a refiance and have him quit claim off title at closing.
I don't understand why you would be told to come back? _________________ Senior Underwriter
Flagstar Bank, FSB
I was told to wait six months in order to build up my credit rating. I also need to have a longer income history since I was a full time college student until two years ago when I started my business. These are the reasons they gave me.
It is very frustrating since whether or not I refinance I am still the one paying the mortgage.
As far as I can understand, the lender is not ready to refinance the property before six months. There is chance that your ex may file a partition law suit against you. If he doesn't file within the six months then you can refinance the mortgage. If possible you can take some legal help and check if you can forbid him from filing the partition law suit.
Thanks. _________________ Good is the Enemy of Great.
Posted: Wed Dec 03, 2008 3:16 pm Post subject: WHAT HAPPEN AFTER THEY DENIED MY LOAN
I gave my SBP from the army to keep the house and the judge awarded the house to be pass down to the kids because of bad credit I can't get help from the bank. Is their any Federal Program to help innocent spouse save the house.
You haven't mentioned your credit score. But as far as I know, you can get a FHA loan provided you have a credit score of 580. However, if you want to qualify for a FHA loan with such a low credit score, then there shouldn't be any late payments or collections in your credit report.
Thanks. _________________ Procrastination is the enemy of your financial sucess
naneliz2
