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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My wife and I were divorced 5yrs ago. I won the house but as

Customer Question

My wife and I were divorced 5yrs ago. I won the house but as part of the divorce settlement I was supposed to remove here name from the mortgage. I had a quit claim deed signed by her at the end of the divorce but it was never recorded and now seems to be lost. Now my house is in forclosure and she has filed a motion to have a receiver appointed to sell/list the house. Plus she is asking for some of the profits as compensation for readying the house for sale. My court date is tomorrow. I have the ability to get out of foreclosure on my own. Is there anything I can do to stop the appointment of the receiver? Can I file any motion to recover the lost quit claim?
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: Michigan and the motion is filed against me to have a receiver appointed to sell my house.
JA: Has anything been filed or reported?
Customer: Not sure what this question means?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Roger replied 7 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

You're going to have a difficult time stopping the receivership because your ex is entitled to being released from the mortgage under the divorce decree and she's also entitled to try and prevent a negative impact on her credit, which would occur if the property were foreclosed.

Thus, you'd need definitive proof that you can stop the foreclosure and remove her name from the loan/refinance within a very short time or the court is likely to side with her.

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