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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I own a home in Phoenix Oregon with just my name on the

Customer Question

I own a home in Phoenix Oregon with just my name on the title, plus I own another piece of land property which is separate that adjoins the home property with a different address but it is in my name and my x-husbands name. 3 years ago when I got divorced I was awarded both properties and my x-husband was supposed to sign off on the property that is just land that is in his and my name only. The home property remained in my name only and so he didn't have to do anything there. In the mean time he never signed off on the land only property and 3 years ago, I got a loan on the home property from a private investor as a hard money loan. The broker whom put it together also included my other property that is land only on the deal too. So my loan was signed only by me and it is on now both properties. My question is: Since my x-husband never signed off on the land property, does this make this loan I have null in void? Or is there any recourse on the property that was never signed off ? Here is reason. First off the investor is over charging me at 17% interest on this loan and now that I am ready to pay it off using a conventional USDA loan, shouldn't the other property that I have be free and clear and not have any part of this old loan? If so what can I do about it. The land is assessed at $129k and I wanted to take out equity of $55k to purchase another piece of property and I didn't want to have to wait until my new USDA loan for the home I already own gets done to take out a equity loan on the other property. Is there anyway out of this or what do you think?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 10 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

  • The current status of your loan is going to depend on what is actually recorded against each of the properties - so if a lien exists against each property for the current loan, the loan is going to be enforceable against each of the properties. However, if your investor only recorded a lien against the "house" property, then the second property is going to be unencumbered by this loan (although keep in mind, if the contract is written to expressly include both properties, the investor has a right to record a subsequent lien against the second property - but doing so would make it "junior" to any liens you create in the meantime - this simply makes things more complicated).
  • The fact that the property is still titled in both your name and your ex-husbands: you will want to have your ex properly sign the title (usually in the form of what we call a "quit claim" deed) giving you sole ownership of the property. Do not let this simply sit - if he refuses to do so, make a motion to the family law court to enforce the order and ask for sanctions (the court probably won't grant them, but asking may encourage him to simply sign the document).
  • An example of a quit claim deed can be found here: - but you can also get local forms and assistance with completing them at your local law library, court self help center, or the County Recorder's Office (they will not give you legal advice or instruction, but can usually provide you with the form and show you where to input the information).
  • If you want to withdraw equity from a specific property to use for purchasing another, you are going to want to speak to a loan broker - they will need to do a title search on your property (to get the very specific answers to the first two points I addressed above) and determine whether or not they can find you a loan appropriate for withdrawing this equity to set you up with a down payment for that third property. Loan brokers are professionals that can help you search for appropriate lenders using your financial portfolio and match your needs to the best lender packages out there - so you can usually find several loan packages with a single application.

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