Real Estate Law
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Hello and thank for your question.
Did the title company prepare the documents?
The deed of trust is usually prepared by the lender
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?
It is usually the lender
The title company acts an agent for the lender
What do I do now, do I have to wait 30 days
Will your ex sign?
The title company would need to wait for the lender to send new documents
It is really up to you
I don't know what the closer is saying to you
You can enter into contracts
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?
When does your loan commitment expire? Is there a Seller involved on a timeframe?
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.
I see you are just asking if the lender should re-do the deed of trust
yes or do I, if so what do I need to file?
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.
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?
The deed of trust is the mortage
the warranty deed is the title to the property
so are both necessary then?
Did the seller deed the property to you as married to your ex
They are two separate documents
The only one I am concerned with is the title deed
The mortgage (deed of trust) doesn't really matter as you are the only borrower
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
I would want the deed changed.
Do you know if it was already recorded?
yes. the did it the same day
That means you are now on title as a married person.
so what do i do now?
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.
how do i change it?
A quit claim deed
You would deed to yourself as divorced and not since remarried to you as an unmarried person.
That is filed with the county right? Is there anything I need to file with the lender or get lender to change?
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.
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.
I can understand your concerns. I would not let the mortgage concern you at all.
I know it seems like a big deal, but it really is not
Congratulations on your purchase
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.
You are most welcome
good to know. many thanks.