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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33766
Experience:  15 years real estate, Realtor. Landlord 26 years
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My question pertains to a residence that was awarded to my

Customer Question

Hi, my question pertains to a residence that was awarded to my xwife in the divorce. She was supposed to pay the mortgage and keep the house.
She never refinanced, never took me off the deed, then she left the property and stopped paying all together. 6 years later, I get served foreclosure lawsuit papers. Do I have a legal standing to negotiate with the lender and assume the mortgage?
Submitted: 16 days ago.
Category: Real Estate Law
Expert:  Barrister replied 16 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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So you are currently listed as an owner on the deed?

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And were you also a co-borrower along with her?

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Will wife agree to deed over any interest to you?

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thanks

Barrister

Customer: replied 16 days ago.
I am currently listed on the deed and also on the mortgage. My x wife and I don't speak. I tried to reach out to her to discuss the Foreclosure and she wants nothing to do with any of it.
It is my educated assumption that she will not sign anything over to me as she would rather it foreclose than sign anything to me. I have tried working with the mortgage company and they are willing to work with me but at the end of the day, any modification or assumption of the mortgage, she will be expected to sign unless she signs a quit claim deed. That is not going to happen. So I just want to know if I have any rights to this property. I understand I signed the divorce decree and gave her the house but it is now 7 years from divorce and the house is still in my name and on my credit !
Expert:  Barrister replied 16 days ago.

I apologize for the delay, had to step out of my office for a bit..

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If you are both on the deed and the mortgage, then you are both still an owner and also liable for the mortgage. But if the divorce decree awarded the house to your ex, you would have to get them to agree to quitclaim deed it over to you so that you are the sole owner.

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If she won't agree to do so, and is determined to watch everything go up in flames, then there is not much you can do because the house was awarded to her in the divorce and along with that comes the right to let everything go down the tubes if she is bitter about the divorce and wants to ding your credit along with hers with a foreclosure.

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You can negotiate with the lender, but since the house is still in ex's name as well as yours, and she has the order for possession, you would just be benefitting her and she could come in at any time and retake possession with her divorce decree in hand and force you to leave.

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One option is you could file a motion for contempt of court with the judge who entered the original order and see if he would order her to quitclaim it over to you since she has violated the court order and never refinanced as she was ordered to do.

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thanks

Barrister

Customer: replied 15 days ago.
No problem,
If I want to ask you further questions... how does this work ?
Expert:  Barrister replied 15 days ago.

If you have follow up questions on this topic, I am happy to address them for you in this thread.

If not, if you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating by clicking on the stars, smiley faces, or numbers on your screen as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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Thanks much

Barrister

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