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VanDLaw
VanDLaw, Attorney
Category: Legal
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Experience:  General Practice, Wills, Probate, Family, Bankruptcy
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Divorce court judge has ordered that I transfer title to ...

Customer Question

Divorce court judge has ordered that I transfer title to real estate that was financed prior to divorce. Loan contract stipulates that un-authorized (by mortgage lender) transfer of title constitutes default and loan can be accelerated. Furthermore, ALL loans with this company (in my name, which includes the house I live in) are subject to acceleration if one loan goes into default. I believe that I have been ordered by the court to default and this puts two properties at substantial risk along with my financial future. My ex-wife is to be awarded the first property which has a mortgage (this is what we are trying to clear (she has had nine months to refinance (per court order) and has not been able. Property was ordered to be sold after that time but now the judge has ordered that she be added to the title (this is the transfer that could trigger acceleration). Per the divorce decree, she is liable for everything that comes of this. (this will mean certain bankruptcy
Submitted: 6 years ago.
Category: Legal
Expert:  VanDLaw replied 6 years ago.

HelloCustomer

You have a court order ordering you to transfer the Title, therefore it is not an "unauthorized transfer" nor are you in default on the loan you must transfer. A court order is going to supersede anything in your loan papers, and they will not consider this an adverse action on your part. Further most transfers of title in divorce situations are exempt from penalties, taxes, etc.

If the mortgage company give you any trouble just mail them a copy of the court order, you should be fine.

VanDLaw, Attorney
Category: Legal
Satisfied Customers: 833
Experience: General Practice, Wills, Probate, Family, Bankruptcy
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Customer: replied 3 years ago.

I am not sure I agree with your "expert" analysis. It is a violation of the United States Constitution for the government to interfere in the obligation of contract, specifically outside of a bankruptcy court. A divorce court may stipulate and order one party to make all payments on a joint mortgage contract but if that party does not comply with the court order the other party is still liable to the other side of the contract. I sent the court order to the mortgage holder and they just laughed and advised that I do not sign the transfer of title. This would have caused an acceleration of ALL payments and coincidently I had another mortgage with the same company and the contract stated that a default on one contract constituted a default on ALL contracts. The mortgage in question was on a rental and that would have been accelerated and subsequently foreclosed (I could not have paid it off immediately) and it would also have put the house I was living in at risk of acceleration and foreclosure.

 

Thanks, XXXXX XXXXX I will put your law firm on the list of those I don't trust.

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