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My ex-husband gave me the house in the divorce decree, then…

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My ex-husband gave me...

My ex-husband gave me the house in the divorce decree, then filed bankruptcy including the house in 2007. I have been making the payments and everything is fine but I was considering selling it at some point. His name is ***** ***** the mortgage paperwork, I think I know where he is but he is in another country. What do I need to do?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No, there hasn't been an issue. The divorce was filed 12 years ago.

Lawyer's Assistant: Family law varies by state. What state are you in?

Colorado

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am remarried, living in the state of Colorado but not in the home in question.

Submitted: 2 months ago.Category: Family Law
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Answered in 10 hours by:
5/30/2018
Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,760
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

If his name is ***** ***** on the Deed, the only thing you would need from him would be for him to obtain written pay-off amount of the loan from the lender so that the mortgage would be paid off as part of the sale.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

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Customer reply replied 2 months ago
I'm sorry, but that doesn't make any sense. Why would he be needing to obtain anything? Of course the mortgage would be paid off. His name is ***** ***** the title. It is still on the mortgage, he just filed divorce and bankruptcy. None of the documentation with the mortgage company was changed as it is usually not in a bankruptcy or a divorce with buy out. He received a sum of 16,000 in the divorce.
Customer reply replied 2 months ago
without buy-out
Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

You never said that his name is ***** ***** title in your initial post. You only said that his name is ***** ***** mortgage. My answer was based on your initial post:

"My ex-husband gave me the house in the divorce decree, then filed bankruptcy including the house in 2007. I have been making the payments and everything is fine but I was considering selling it at some point. His name is ***** ***** the mortgage paperwork, I think I know where he is but he is in another country. What do I need to do?"

Your follow-up post:

I'm sorry, but that doesn't make any sense. Why would he be needing to obtain anything? Of course the mortgage would be paid off. His name is ***** ***** the title. It is still on the mortgage, he just filed divorce and bankruptcy. None of the documentation with the mortgage company was changed as it is usually not in a bankruptcy or a divorce with buy out. He received a sum of 16,000 in the divorce.

Response 1: If your name is ***** ***** the mortgage, you can cannot sign a written release for the closing Attorney or the Title Company to obtain the mortgage pay-off. The ONLY person who can do this is the person whose name is ***** ***** the mortgage. Of course the mortgage has to be paid off as part of the closing. However, the pay-off does not happen out of thin air. There is a process that needs to be followed to obtain the actual and legal pay-off amount from the lender. I know this not as an academic exercise but I am talking from the perspective of someone who actually used to be a closing Attorney for banks.

without buy-out

Response 2: Your ex-husband cannot be bought out since you indicated in your initial post that he gave you the property as part of your divorce:

"My ex-husband gave me the house in the divorce decree, then filed bankruptcy including the house in 2007. I have been making the payments and everything is fine but I was considering selling it at some point. His name is ***** ***** the mortgage paperwork, I think I know where he is but he is in another country. What do I need to do?"

If his name is ***** ***** the title, then he must sign the new deed granting the property to the buyers. So, you would need him for the closing to obtain the pay-off amount and to sign off on the new deed that would be presented to the buyers.

Best wishes,

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