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sierralovejoy · Joined: 08 Nov 2008 Posts: 1 1.57 Dollars($)

after divorcing my ex-husband 4 years ago in texas, i signed a quit claim deed so that he would be able to refinance the house and get it in his own name. it was written into the divorce that he would complete this task within 3 months of the divorce or get written notice to me with explanation for need of an extended period.

neither of these things were done, and now, he has recently passed away, leaving his current wife and young daughter in the house.

what, if any rights, do I have in the house? the quit claim deed was not notarized.

my concern is that i am solely responsible for the house now without any legal ownership. please explain this to me. i will be most grateful.

smithsussane · Posted: Sun Nov 09, 2008 8:12 pm Post subject:

Hi sierralovejoy!

Welcome to forums!

You have mentioned that the deed has not been notarized and your ex-husband has also not refinanced the loan. That means your name is still on the mortgage and the lender may ask you to pay off the loan. You can sign a fresh quitclaim deed in the name of his current wife and ask her to refinance the property as soon as possible. This will relieve you from paying the mortgage.

Feel free to ask if you have further queries.

Sussane

carlpruitt · Posted: Sun Nov 09, 2008 8:57 pm Post subject:

Be sure to make certain they are qualified to refinance the loan before you sign away your ownership again. It sounds like the old quit claim deed isn't recorded (unless the records clerk was asleep at the wheel that day) since it isn't notarized and couldn't be since the notary didn't witness your signature. You probably need to consult an attorney and not a mortgage forum before mistakes get made and you get hung out to dry.

Guest

Thank you all so much for getting back to me. As it turns out, the quit deed was notarized. I just found the 2nd sheet of paper where that was done.

What, if anything, can I do to get my name off of the house? Was I "hung out to dry" here?

Like I said, it was written in the divorce paperwork that he was to refinance and get my name off of the house within 90 days of the divorce, or get me a letter requesting additional time. Neither of those things happened.

Do I need to get a lawyer to make his new wife get the house in her own name? Will the law support that?

Thank you ever so again. I am "too trusting..."

Kristin

carlpruitt · Posted: Tue Nov 11, 2008 8:24 am Post subject:

We aren't lawyers here, and this now looks more like a divorce law problem than a mortgage/real estate problem. But here's my 2 cents (and value it as exactly that unless you actually speak with an attorney who agrees Wink

).

Your ex-husband was technically in contempt of court when he missed the deadline and you could have gone back to court at that time and taken action to force the issue. I'm pretty sure his new wife is not personally bound by the divorce decree, but maybe the executor of his estate is and she might be the executor of his estate.

I'm sure it is a very tough time for his wife and young daughter, so if it were me, my first step might be to just try to talk with her about it, or maybe send a certified letter referencing the divorce decree and asking her to take care of it. Technically, you are in a very bad position because all your ownership is signed away, so if she defaults on the loan there probably isn't anything that can be done about it!

If the situation goes bad you might have to deal with hiring a lawyer to sue his estate to force the issue. So you can't let it drag on for very long if she doesn't cooperate. In this type situation, one of the biggest worries is that she may not be able to get the financing even if she is trying to cooperate.

Guest

thank you ever so very much. also, his brother was our lawyer and did all the paperwork for the divorce so, perhaps i can show a conflict of interest there if it does end up having to go to court? his mother is the executor of the estate.

thanks so much again. y'all are awesome great for taking the time and for having this website!

peace,

kristin

Niicss · Posted: Thu Nov 13, 2008 3:47 am Post subject:

Hi sierralovejoy-kristin!

I would suggest you to first speak to his current wife and the executor of the estate as Carl has suggested. If she disagrees, then you can challenge her in the court.

Thanks.

Guest

If a loan was made for $60,000 with property used as collateral but the property is only valued at $8,000, does that mean that the remaining $52,000 would be considered unsecured loan. If so how can I remove the lien for $52,000 back to the borrower so I can clear the title on my property? Thanks

jerry · Posted: Fri Nov 21, 2008 2:58 am Post subject:

Hi rasta!

Your query has been answered in the following link:
http://www.mortgagefit.com/propertytransfer/changename-paymtg.html#676 07

Thanks,

Jerry

Posted: Fri Feb 27, 2009 10:36 am Post subject:

I have a friend that house was quick deed out of her name into her cousin
name and she did't know it Her couisn get a loan on the house in the amount of 80,000 dollar want can she do this solve this matter because she have a stroke and unable to handle her affair.

jameshogg · Posted: Fri Feb 27, 2009 11:03 pm Post subject:

Hi Guest,

Your friend's cousin cannot transfer the property in her name without your friend's signature. If your friend's cousin has done such a thing, then it can be considered as a fraud. Your friend can sue her cousin by filing a case against her and get the deed reversed in her name.

Thanks

Guest

My name is on the refinancing my husband did. I am not on the title. In the event of a divorce do I get half of the house or not?

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what does it mean when you sign a quit claim deed in a texas