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| Mortgages, Refinancing, Foreclosure All matters concerning mortgage foreclosure law and refinancing. |
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#1 |
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Junior Member
Last Online:
Oct 2nd, 2007 04:00 PM Join Date: Sep 2007
Posts: 3
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Nearly 14 years ago my husband and I divorced. He received the house in the divorce and in the property settlement agreement it says something about me needing to file a quit claim deed but in no way could I change the fact that the house was his by also signing an affidavit acknowledging the stipulation of the property settlement agreement. I can't remember whether a quit claim deed was among the papers his lawyer sent over for me to sign but whatever the case may be, he's now defaulted on the loan, the house is in foreclosure and the mortgage company is naming me in the suit along with him to get the balance of the loan along with interest and lawyer fees. I replied to the summons, sending copies of the court records I received showing the property was his and only his. Two weeks later they sent me a "memorandum in support of Plaintiff's motion for summary judgment" stating I did not come forward with evidence to establish a duspute as to a material fact so the're asking for a hearing on motion for summary judgement 10/15/2007. Is it too late to file a quit claim deed or interspousal transfer to remove myself from this suit? Please help...
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#2 |
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Top Level Member
Last Online:
Jul 23rd, 2008 10:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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When legal matters come to court, they are done in a first come first filed order. Filing the quit claim deed now will not resolve you of responsibility from something already filed. It would have had no effect on his mortgage either, even it were filed 14 years ago. A quit claim only gives up your claim to the property, not your responsibility on the mortgage. Why wasn't your husband forced to refinance the house at the time, to remove your name and liability from the property? This should have been taken care of years ago. Now you should probably contact an attorney to try and sort this mess out.
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#3 |
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Junior Member
Last Online:
Oct 2nd, 2007 04:00 PM Join Date: Sep 2007
Posts: 3
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Thank you for responding to my question. Although your reply was what I had hoped wasn't the answer, I can take a deep breath and try to stay calm for what lies ahead. I don't know why my ex was never made to refinance at the time he was 'awarded' the house in the divorce. Back in 1995 he even offered to 'sell' me the property so why would I even think my name was still on the title? I am in the process of retaining an attorney to represent me in KS. Thanks again for your help.
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