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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17503
Experience:  B.A.; M.B.A.; J.D.
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I am in process of purchasing an FHA property but they are

Customer Question

Good afternoon, I am in process of purchasing an FHA property but they are asking for a Closing Disclosure when my ex husband refinanced a house out of both of our names. However, I never recieved anything but a general warranty of deed and the settlement from the divorce. The title company my ex husband used never sent me a CD and was wondering if there is any legal action I could take for the CD on the old house so I could use it on my new house.....it appears roughly a TILA-RESPA violation too but I am not sure
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas (Houston)
JA: Has any paperwork been filed?
Customer: The house was already refinanced in his name and I got my payout from it.....the house I am applying for requires the CD ASAP which closing is friday/monday
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that's it. ty
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 month ago.

Hello,

Has the title company rejected your request for the disclosure?

Customer: replied 1 month ago.
My ex husband has. I went through my attorney to get to my ex's attorney. The title company he used to refinance the original house refuses to send me anything unless they have verbal confirmation from my ex husband. I still have never received any documentation from them it was transferred out of my name either.
Expert:  socrateaser replied 1 month ago.

I don't have a good idea for you to be able to force disclosure under the facts you've provided. I'll reopen the question to see if anyone else has a procedure that may work.

Expert:  Phillips Esq. replied 1 month ago.

Hello: This is Attorney Phillips. I will be further assisting you with your post.

You would need to file emergency Motion with the Court to order your ex-husband to release the information to you or to give his permission for the title company to release the information to you. In the meantime, it would be prudent for you ask for the extension of the closing date.

I am sorry that I do not have better news for you.