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The deed of my house is under my name but the mortgage under…

The deed of my...

The deed of my house is under my name but the mortgage under my ex wife do i have any rights?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has any paperwork been filed?

The deed was put under my name about two years ago

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

The morgage company has her name and mines but when i call they tell me and not in the mortgage

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Answered in 9 minutes by:
3/5/2018
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,491
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

How did that happen? Who got the home in the divorce? And was there an order for whoever got the home to refinance into their name, only? And if so, was there a deadline to do that?

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Customer reply replied 1 month ago
no nothing to to with the divorce she just decided to put the deed under my name and bough her self another property

Did she do this with your permission? Or, she did this without you even knowing?

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Customer reply replied 1 month ago
with my permission

Okay. LAST question. Did this happen BEFORE or AFTER the divorce?

And, what do you wish to do? Do you wish to get rid of the deed? Or do you wish to get the mortgage under your name? Etc.

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Customer reply replied 1 month ago
after about 8 years after to be exact.

So 8 years after divorce?

And, what do you wish to do? Do you wish to get rid of the deed? Or do you wish to get the mortgage under your name? Etc.

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Customer reply replied 1 month ago
correct

And, what do you wish to do? Do you wish to get rid of the deed? Or do you wish to get the mortgage under your name? Etc.

What is your goal here?

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Customer reply replied 1 month ago
i just really want to know my rights.now she's threatning me with i cant do anything to the house any upgrades or anything with out her approving.

Sure. Allow me to explain.

A mortgage situation can have a party in two positions:

1) As a deed-holder (one who holds the interest); and
2) As a mortgagee (one who pays for the mortgage).

Often, the party holds both positions, but, this is not true 100% of the time. For example, a rich uncle wants to spoil his niece and purchases her a home, but, he keeps himself as a the mortgagee but she receives the deed.

Somehow and for some reason, she made it to where she has to pay for the mortgage, but you own the home.

YOU HAVE MOST of the CARDS HERE. She can't really do anything since she set it up this way. The only thing she can do is stop paying the mortgage, at which time the home may be foreclosed upon although you can try to get it at the foreclosure auction. But that is the only thing she can really do.

At this time, you own the home but she has the duty to pay the mortgage.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Ah, sorry - a follow up on the upgrades. Unless the lender contract or a private contract states otherwise, she has no ability to tell you what to do with the home.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 1 month ago
i wish to keep the house,but its hard to get it under my name cause she did some refinincing before and left it to me with a real high balue.i have been taking care of everything for the past two years and paying the mortgage

I am sorry to say that to get the clear title, you'd have to pay the mortgage (or someone would) until it is finished. But then you should get it, if the home is under your name.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 1 month ago
what happens if i stop paying the mortgage?

The home will go into foreclosure. It will eventually be put up for auction and sold. You may bid on it if you want to at that time.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 1 month ago
but as long as i keep paying i should be ok? and can i do any modification to the property without her knowing

but as long as i keep paying i should be ok?

Yes... based on the facts you told me.

and can i do any modification to the property without her knowing

Yes... based on the facts you told me and assuming no agreement IN WRITING mandates that you tell her about the modifications

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
ok thank you for the help.

You are very welcome. Good luck, and please don't forget to RATE my answer with five stars and then click SEND to submit that rating – it is the only way I get credit for my time with you – or, please use the SEND button to keep on chatting. "I strive for FIVE!"

Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,491
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Ely
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