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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3403
Experience:  25 years of experience in general practice, real estate law and estate law.
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My husband and I were granted a divorce in Texas, the final

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My husband and I were granted a divorce in Texas, the final decree signed on a Friday morning. 5 days later on a Wednesday I closed on a house. I had applied for this loan without him. His finances were not considered at all and I informed the lender I would be final prior to the closing date. At the closing table, the title closer had the deed of trust and the following listed under borrower, being joined here in proforma by my husband and listed his name. They told me he needed to sign. I informed them I was no longer married as of the prior Friday and he was not part of the loan. The title company said they contacted my lender and it would all have to go back through underwriting or I could have him sign and then do a document for him to give up any interests in the home. We are in good terms so he came over to sign rather than have to delay the closing. I have since spoken to the lender that said he was not considered when I applied. I get the feeling the Title company did not want to redo the document. Can't I have them prepare a corrective deed to change the error listing him as my husband? The title closer also mentioned he personally knew that one could not be final ( legally unmarried) until 30 days had past after the decree was signed. Is this the case, one can't enter into contracts such as a mortgage as unmarried until 30 days? If one can, then shouldn't the title company have corrected the deed of trust and can't they do it now?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 8 months ago.

Leslie, Esq. :

Hello and thank for your question.

Leslie, Esq. :

Did the title company prepare the documents?

Leslie, Esq. :

The deed of trust is usually prepared by the lender

Customer:

I don't know? Who typically does this. It only lists a law firm on the prepared by entry. Would this have been the lender then?

Leslie, Esq. :

It is usually the lender

Leslie, Esq. :

The title company acts an agent for the lender

Customer:

What do I do now, do I have to wait 30 days

Leslie, Esq. :

Will your ex sign?

Customer:

yes

Leslie, Esq. :

The title company would need to wait for the lender to send new documents

Leslie, Esq. :

It is really up to you

Leslie, Esq. :

I don't know what the closer is saying to you

Leslie, Esq. :

You can enter into contracts

Customer:

So i have to tell the lender to send new documents - the person handling my loan with the bank isn't familiar with what to do. Do I need to contact a different department at the bank or is this all a too late and I need to file something else?

Leslie, Esq. :


When does your loan commitment expire? Is there a Seller involved on a timeframe?

Customer:

I am not sure what you are asking? I did close on the house already - 2 days ago- my ex went ahead and signed the docs at the closing.

Leslie, Esq. :

I see you are just asking if the lender should re-do the deed of trust

Customer:

yes or do I, if so what do I need to file?

Leslie, Esq. :

You would just ask the lender to prepare a new deed of trust. If he person you are dealing with is not familiar with the document process you would ask the department that handles document preparation.

Customer:

ok. the title company told me to file a warranty deed. So do I do this or just go back to the lender to prepare a new deed of trust?

Leslie, Esq. :

The deed of trust is the mortage

Leslie, Esq. :

the warranty deed is the title to the property

Customer:

so are both necessary then?

Leslie, Esq. :

Did the seller deed the property to you as married to your ex

Leslie, Esq. :

They are two separate documents

Leslie, Esq. :

The only one I am concerned with is the title deed

Leslie, Esq. :

The mortgage (deed of trust) doesn't really matter as you are the only borrower

Customer:

Yes? I think so. The general warranty deed with vendors lien in favor of third party - reads paid by me, a married person ( it does not mention his name). it just indicates me as a married person

Leslie, Esq. :

I would want the deed changed.

Leslie, Esq. :

Do you know if it was already recorded?

Customer:

yes. the did it the same day

Leslie, Esq. :

That means you are now on title as a married person.

Customer:

so what do i do now?

Leslie, Esq. :

You can change it at any time or leave it the way it is. When you sell the property you would designate yourself as divorced and not since remarried.

Customer:

how do i change it?

Leslie, Esq. :

A quit claim deed

Leslie, Esq. :

You would deed to yourself as divorced and not since remarried to you as an unmarried person.

Customer:

That is filed with the county right? Is there anything I need to file with the lender or get lender to change?

Leslie, Esq. :

The mortgage documents are fine the way they are. You got the mortgage and you are the only borrower. There is really no necessity to change anything.

Customer:

Thank you.

Leslie, Esq. :

Yes the deed would be filed with the county. At this point since the first deed was recorded you are on the title and the only person that can change the title is you.

Leslie, Esq. :

I can understand your concerns. I would not let the mortgage concern you at all.

Leslie, Esq. :

I know it seems like a big deal, but it really is not

Leslie, Esq. :

Congratulations on your purchase

Customer:

yes it has been concerning. so basically it makes no difference and there is no potential detriment or considerations if I do nothing.if thanks for your assistance and supportive words.

Leslie, Esq. :

Exactly

Leslie, Esq. :

You are most welcome

Customer:

good to know. many thanks.

Leslie, Esq. :

Good night

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3403
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 12 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 8 months ago.
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Expert:  Attyadvisor replied 8 months ago.
Thank you.

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