My wife and I are in divorce proceedings.
We have a Stipulation of Separation agreement
The Stipulation was court ordered almost one year ago.
As part of the stipulation agreement, we have been ordered to sell the marital house.
Currently she lives in it and I pay rent somewhere else.
During the last year, she caused all kind of delays to sell the house.
I filed a motion for contempt against her.
Her behaviour improved: she allowed real estate agents to bring buyers in, etc.
Eventually, the judge made his decision: he did not punish her; he indicated that her behaviour was not entirely correct but that punishment for contempt would have been to harsh for that.
Right now we found a buyer, signed a contract and the buyer's bank performed the house inspection and issued a formal mortgage approval letter to the buyer.
We purchased this house in 1991 and paid our mortgage in full in 2003.
When we bought the house we also purchased full title insurance for it.
Right now, the buyer's attorney found an outstanding lien, form another bank, for a loan given to the owner previous to us, prior to us buying the house.
Also, it appears that the title insurance broker who sold us the title insurance policy in 1991 went out of business since then.
I contacted the attorney who represented us when we purchased the house. He says that he will be able to clear the title but that he needs the actual title insurance policy to do it.
The title insurance policy is in the house, kept safely with other documents.
In spite of many requests, my wife is refusing now to provide it.
I want this house sold such that I can live in conditions I deserve.
What can I do? Can I find out who that bank was and try to get a letter of mortgage satisfaction myself? What else?
BotXXXXX XXXXXne: I bought a house, I paid all the mortgages in full, I paid money for a title insurance policy, I want to sell the house but I can not due to some mortgage the previous owner had and due to some insurance broker who took my money and went out of business.
What can I do?