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divorce and realestate (Family Law)

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• Thu, 18 Mar 2004 12:29:00 GMT(1)
• Yes, it DOES happen that properly executed documents that WERE recorded fail to show up in a search of the records.
  One reason is "mispostings". The lot and block were inverted when posted, or mistyped on the original. So, a mortgage release for a house in at Lot 1, Block 2, of Potters Subdivision in Bedford Falls could end up posted against Lot 2, Block 1 of Potter's Subdivision in Bedford Falls instead.
  I even saw a situation in which a document accidentally was sent by a mortgage company to the WRONG COUNTY. And yes, heaven knows why, but they took it and recorded it.
  Or sometimes the searcher just misses it and it was there all the time. That's why many people prefer title INSURANCE over abstract and opinion letters.
• Wed, 17 Mar 2004 09:16:00 GMT(2)
• I'm not an attorney, but personally I would doubt it. If your former spouse was awarded the home in the divorce, I would assume it is theirs. Your attorney should have ensured that your former spouse completed the quit claim deed at the time of the final hearing.
  Even with all that occurring, my husband's ex did not file the quit claim deed and he had to go down and sign to release the house when she finally sold it three years later.
  The only bad part about a situation like this is that if your name is both on the house and on the mortgage, having your name removed from the title or having a decree that states you are not responsible for the mortgage does not absolve you from financial responsibility for the home. And, as long as you are on the mortgage, it continues to be reported as a debt on your credit rating which can impact your ability to get credit and secure low interest rates on credit cards and loans due to your debt ratio.
  I'm currently filing Chapter 7 because my ex did not refinance the house within 1 year as the decree said and is now unemployed (for the last 9 months) with no way to pay for the house. Yes, I could take him to court for contempt and force a sale of the house. However, since the house is worth a bit less than the mortgage, I would end up with responsibility for the negative equity.
  My husband got into a similar situation with his ex. However, his decree awarded the house to his ex-wife and other than specifying that he had to sign a quit claim, it did not specify that she had to refinance. That debt impacted his ability to obtain credit, even though she luckily paid it on time. However, she held that over his head and when she was having problems selling it threatened to walk away from the house and the loan and stick him with it.
  Bottom line, if you can sign off on the house and get rid of the house, the mortgage, and walk away free, it may be worth it unless you want to tie up the house in litigation for months and risk losing the potential buyer.
• Wed, 17 Mar 2004 16:09:00 GMT(3)
• that he had 30 days to file a claim of ownership he had me go to the bank and the lawyer i signed the nessisary paperwork but somehow between the lawyer and the bank they lost it
• Wed, 17 Mar 2004 09:18:00 GMT(4)
• What does your divorce decree say EXACTLY about the house?
• Wed, 17 Mar 2004 16:11:00 GMT(5)
• No, that is NOT what your divorce decree says. Please take out your decree that the court issued and type word for word VERBATIM what it says as to the house.
• Wed, 17 Mar 2004 16:14:00 GMT(6)
• And proceeds of the house. Presumably, it will say something about the equity or value.
• Wed, 17 Mar 2004 16:44:00 GMT(7)
• 18. real estate
  A. The parties presently own in joint title 39342 Broadview st in HUron sd 57350 more particuly described as follows
  the parties agree that the plaintiff shall pay sum of eight hundred dollars ($800) for dependent interest or portion of the property( what has previously been paid towards the principle of the loan for the above real property) and the defendent shall convey all her right, title, and interest in and to the property to the plaintiff by quit claim deed in a simultaneose exchange within 30 days excution of this agreement
• Thu, 18 Mar 2004 12:14:00 GMT(8)
• Also, there could have been a screw up at the county. This happend to us, though divorce had nothing to do with it.
  My husband owned the house before we were married. We wanted a home equity loan in my name only, therefore, he had to quit claim the title to himself and me. We did it, got the loan, and a year later refinanced it. The county, however, never changed the title. It is definitely changed now, but maybe the county messed up.
  Sign it, be done with it and stop trying to get something you have no right taking.
• Wed, 17 Mar 2004 18:23:00 GMT(9)
• So, WERE you paid the agreed upon "settlement" amount for the real estate? If so, I am doubtful you can now claim a right to be further compensated for an interest you sold per the decree.
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