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Quit claim deed


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#1 trrjustice

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Posted 29 January 2013 - 07:38 PM

I have read through many of the post listed under "quit claim deed" but I can't seem to find the answer I am looking for. My divorce was finalized in Feb 2011 and he got the marital house (Georgia) because I moved closer to my family in Nebraska. I am to fully execute a quit claim deed for the house. I have signed this back in August 2011 and trusted it to my attorney but will only turn it over to the closing attorney. A letter was sent to his attorney, back in August 2011 stating she (my attorney) had the quit claim deed and would only turn it over to the closing attorney (for the refinance).

He filed several contempt charges on me in March 2012 including the quit claim deed issue. He is claiming along with his attorney, that he can not even fill out an application to refinance without the quit claim deed. I know this is false and have talked to several mortgage companies,real estate attorneys and researched online.

My question is this, is there any way to prove the procedures to refinancing a house? Where the quit claim comes into play? Is there some where this is documented? Everyone I talk to tells me I'm absolutely correct but cannot give me documentation to prove it. Please help me find documentation of this.

The only thing I can think to do is give several copies of an application to refinance and ask him where on the form does it say anything about a quit claim deed. I'm not sure that is enough though.

Thanks

#2 pg1067

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Posted 30 January 2013 - 07:05 AM

My divorce was finalized in Feb 2011 and he got the marital house (Georgia) because I moved closer to my family in Nebraska. I am to fully execute a quit claim deed for the house. I have signed this back in August 2011 and trusted it to my attorney but will only turn it over to the closing attorney. A letter was sent to his attorney, back in August 2011 stating she (my attorney) had the quit claim deed and would only turn it over to the closing attorney (for the refinance).


I have no idea what you mean by "closing attorney," but the question, of course, is what exactly your divorce decree/judgment says you are obligated to do.


He filed several contempt charges on me in March 2012


And what was the outcome of the contempt proceedings?


My question is this, is there any way to prove the procedures to refinancing a house? Where the quit claim comes into play? Is there some where this is documented?


I have no idea what these questions mean (and the second "question" isn't even a complete sentence).


Everyone I talk to tells me I'm absolutely correct but cannot give me documentation to prove it. Please help me find documentation of this.


I have no idea what "this" is.


I'm not trying to be difficult, but the point of your post isn't really clear. The only relevant legal issue I can see is whether your divorce decree/judgment obligates you to turn over a QC deed to your ex or his attorney or whether it allows you to withhold it and only give it to the "closing attorney." In that regard, you said you have an attorney, and I have to assume your attorney is familiar with the provisions of your divorce decree/judgment and, therefore, able to advise you regarding your obligations. While I agree that, if your divorce decree/judgment was based on a settlement agreement between you and your ex, it would have been (past tense) desirable to include a provision that does not obligated you to deed your interest to your ex except in connection with a refinancing escrow, it's obviously not possible to go back in time and change things if that didn't happen.

#3 Fallen

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Posted 30 January 2013 - 08:04 AM

You haven't indicated what happened with regard to the contempt actions.

I'd like to think the court is familiar with how a mortgage process works, and your ex's argument is of course nonsensical. I suspect he's applied for loans and been turned down. Properties have owners, and those owners tend to have a mortgage. That mortgage is paid, the security interest in that home is released and a deed issued to the buyers typically all in a matter of minutes. The buyer isn't obligated to cough up a deed from the seller before they're in a position to secure a loan from their lender, let alone apply for one.

It's unclear whether your attorney is competent, but if the attorney cannot figure out a way to dispense with the nonsense about the quit claim deed, I suggest you consult with another.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#4 adjusterjack

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Posted 30 January 2013 - 09:49 AM

What does your decree say about the house?

Is there a refinancing contingency?

If not, then it doesn't matter what anybody says about refinancing because you are on the hook for signing over the deed anyway and can be held in contempt for not doing so.

I'm also curious as to why your attorney isn't addressing the issue for you.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 Guest_FindLaw_Amir_*

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Posted 30 January 2013 - 09:57 AM

Could you please clarify what your legal issue is concerning?

#6 trrjustice

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Posted 30 January 2013 - 10:42 AM

To be exact- Yes my ex has to refinance the house which has not been completed like it was ordered to be done by Aug 2012. He has insisted that I turn over the quit claim deed before he can fill out an application.

The contempt charges will be heard in court mid February 2013. I am looking for proof or documentation to present in court of the procedures for refinancing a house and where a quit claim deed is to be given to the mortgage company or the closing attorney to record it, to prove he is lying.

My attorney does not feel I need this proof due to the courts knows he is incorrect but my ex loves to confuse anyone about everything, I do not wish for this to be confused with the judge. I don't wish to be one of those people that is still dealing with a mortgage 10 years down the road, or to have to continue to go back to court to have his hand simply slapped by the judge for not following the order.

I hope this clears the questions that were presented.

Thank you

#7 pg1067

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Posted 30 January 2013 - 01:32 PM

To be exact- Yes my ex has to refinance the house which has not been completed like it was ordered to be done by Aug 2012. He has insisted that I turn over the quit claim deed before he can fill out an application.


Hopefully the decree make your obligation to deed your interest to him contingent on the refinancing. Does it?


The contempt charges will be heard in court mid February 2013.


They were filed in March 2012 and won't be ruled on until February 2013?! Yikes!


I am looking for proof or documentation to present in court of the procedures for refinancing a house and where a quit claim deed is to be given to the mortgage company or the closing attorney to record it, to prove he is lying.

My attorney does not feel I need this proof due to the courts knows he is incorrect but my ex loves to confuse anyone about everything, I do not wish for this to be confused with the judge. I don't wish to be one of those people that is still dealing with a mortgage 10 years down the road, or to have to continue to go back to court to have his hand simply slapped by the judge for not following the order.


I urge you to follow your lawyer's advice (particularly since loan processes are unique to each lender). Anyone with an ounce of common sense knows that your ex does not need to have the deed from you simply to fill out an application.

#8 trrjustice

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Posted 30 January 2013 - 03:36 PM

This is how the decree reads-
It is the Order of this court that the physical possession of the marital residence of the parties located at...address...GA. is awarded to...my ex...He will be responsible to all indebtedness on the house, all taxes, insurance, utilities, maintenance, and repairs. However, he must refinance the mortgage on the house within 18 months of the date of this Order to remove...my name...from the present security deed and load. In the meantime...my ex will hold...my name...harmless for any outstanding indebtedness or liability of any kind as the the house including any tax liability. If upon refinancing the house, the closing results in any funds being disbursed to the borrower, then 50% of those proceeds must be paid to...my name. If upon refinancing the house, there is a deficiency that must be made up by the borrower, that will be...my ex...'s sole responsibility. It will be the obligation of...my name..to execute a quitclaim and any other appropriate documents required to facilitate this Court ordered refinancing.

As to the time frame of this contempt...it is crazy. This court is taking longer than the divorce itself.

Thank you for all your help with this matter, I am just ready for court to be done and over with so I can enjoy my new husband :)

Thanks again and have a great night.

#9 adjusterjack

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Posted 30 January 2013 - 03:54 PM

This is how the decree reads-
It is the Order of this court that the physical possession of the marital residence of the parties located at...address...GA. is awarded to...my ex...He will be responsible to all indebtedness on the house, all taxes, insurance, utilities, maintenance, and repairs. However, he must refinance the mortgage on the house within 18 months of the date of this Order to remove...my name...from the present security deed and load. In the meantime...my ex will hold...my name...harmless for any outstanding indebtedness or liability of any kind as the the house including any tax liability. If upon refinancing the house, the closing results in any funds being disbursed to the borrower, then 50% of those proceeds must be paid to...my name. If upon refinancing the house, there is a deficiency that must be made up by the borrower, that will be...my ex...'s sole responsibility. It will be the obligation of...my name..to execute a quitclaim and any other appropriate documents required to facilitate this Court ordered refinancing.


Yeah, reading that, I think your ex is blowing smoke.

However, since you are still an owner, here's a suggestion.

Apply for a new mortgage on the property by yourself. Fill out an application and get a written response from a lender. Probably doesn't matter if you get denied or approved. Just the fact that you were able to apply and get a written response without having the deed in just your name at the time of application will be proof enough that your ex is full of crap.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#10 pg1067

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Posted 30 January 2013 - 04:51 PM

This is how the decree reads-
It is the Order of this court that the physical possession of the marital residence of the parties located at...address...GA. is awarded to...my ex...He will be responsible to all indebtedness on the house, all taxes, insurance, utilities, maintenance, and repairs. However, he must refinance the mortgage on the house within 18 months of the date of this Order to remove...my name...from the present security deed and load. In the meantime...my ex will hold...my name...harmless for any outstanding indebtedness or liability of any kind as the the house including any tax liability. If upon refinancing the house, the closing results in any funds being disbursed to the borrower, then 50% of those proceeds must be paid to...my name. If upon refinancing the house, there is a deficiency that must be made up by the borrower, that will be...my ex...'s sole responsibility. It will be the obligation of...my name..to execute a quitclaim and any other appropriate documents required to facilitate this Court ordered refinancing.


Ok, so this is pretty neutral. You have the obligation to "execute a quitclaim and any other appropriate documents required to facilitate [the] Court ordered refinancing." In order to prove you are in contempt, he will have to prove to the court that you delivering to him a QC deed before he has even applied is "required to facilitate [the] refinancing." You don't have to disprove it. He has to prove it. And as I think everyone who has responded here agrees, he is full of fecal matter and, thus, won't be able to do so.

#11 trrjustice

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Posted 30 January 2013 - 05:48 PM

Thank you very much! I feel much better about going into court now.




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