purplerose214

How to get my name off a mortgage

9 posts in this topic

Ok I got a divorce from my ex husband and it was finalized in November of 2008, the home that we lived in also with his mother I moved out of and did not contest him and her keeping the house. They were supposed to refinance the house to have my name removed off of the mortgage and all other paperwork relating to the house. Where things get a little screwy is that the house was in his mothers name and my name, his name was not on the mortgage, i want to say that it was somehow on the deed but not the mortgage. Now since 2008 the home has gone up for sheriff sale several times and all of them were stopped by her filing bankruptcy, then the bankruptcy would be over turned for non payment of the plan payments. What recourse do I have to get my name off of this it has shot my credit because of the late payments and all of that and her name is not in the decree to take him back for contempt of court.  I am a stay at home mom and everything what my husband and I have are in his name because of the payments that they did not pay on the house as well as the foreclosures that were on the house. Please any help or advise would be great I feel like I have no recourse on this and that I am have not control over this situation and they have all of the power.

 

Thank you

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A lot of facts are missing from your narrative. For instance, does your decree say anything about the house? Did your mother enter into any sort of contract or agreement with you to refinance the house? Where you represented by counsel during the divorce proceedings?

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53 minutes ago, purplerose214 said:

They were supposed to refinance the house to have my name removed off of the mortgage and all other paperwork relating to the house.

 

Did your divorce decree say this?  Did it state a deadline by which this was supposed to be done?  Since the house was not in your ex-husband's name (??), how could he "refinance" anything?  This is probably a good place to point out that your mother-in-law was obviously not a party to your divorce; therefore, while the divorce court had jurisdiction to order your ex-husband to refinance, it had no jurisdiction to order your mother-in-law to do anything.

 

 

56 minutes ago, purplerose214 said:

the house was in his mothers name and my name, his name was not on the mortgage, i want to say that it was somehow on the deed but not the mortgage.

 

This is confusing, and it sounds like you don't know the relevant facts.  First you say that the house was in your name and your mother-in-law's names, but then you say that your ex's name was "on the deed."  Which was it?

 

 

57 minutes ago, purplerose214 said:

What recourse do I have to get my name off of this

 

I don't know what "this" refers to, but there are only two realistic possibilities:  (1) the title to the house; or (2) the mortgage (or both).  Is the house still in your name?  If so, you can get your name off the title by conveying your interest to someone else, but that wouldn't be a smart thing to do unless you also get off the mortgage, and that can't happen unless the mortgage loan is paid off (or I suppose you could also file for bankruptcy).

 

 

1 hour ago, purplerose214 said:

her name is not in the decree to take him back for contempt of court

 

Huh?  Your ex could be held in contempt of court because he was a party to the divorce and subject to whatever the court ordered in the decree.  The same cannot be said for your mother-in-law for the reason mentioned above, but that doesn't prevent you from seeking to have your ex held in contempt.

 

 

1 hour ago, purplerose214 said:

Please any help or advise would be great I feel like I have no recourse on this and that I am have not control over this situation and they have all of the power.

 

It sounds like you or your attorney (if you had one) completely botched how this was handled in the divorce, but that's water under the bridge at this point.  You need to consult with a local family law attorney about your options at this point, and it may be that you'll need to file bankruptcy to get out from under this.

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5 hours ago, RetiredinVA said:

A lot of facts are missing from your narrative. For instance, does your decree say anything about the house? Did your mother enter into any sort of contract or agreement with you to refinance the house? Where you represented by counsel during the divorce proceedings?

Yes in the decree he was given an amount of time to remove my name from the mortgage and the deed. I did have to sign a quick claim deed to give up my interest in the house. I want to say he was given 6 months to do this but there is no mention of his mother in the decree. Yes i actually had one that did the initial filing and the first set of appearances, then i took him back to court with a different attorney to try and have the custody of the children reversed and for him not taking my name off the house, and the judge basically said that you cant get blood out of a turnip and nothing was done to force him to take action on this. No there was no written agreement between his mother and I to get me off the loan. She just said that she was going to do it. That was when I signed the quick claim deed because she said I needed to do that so she could get it refinanced and well needless to say that never happened.

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Mother in law didn't need you to sign over your interest before a refi, though of course before it closed the lender would expect that from you.  You didn't "have to", and you don't even say to whom you signed your interest.  

 

Your credit is shot because you didn't make payments (and I presume the idgit, per the decree, was supposed to take responsibility for payments, but that doesn't relieve you of responsibility). You also don't say why you ever thought he and/or his mother could refi on their own.  There must be a reason he wasn't on the mortgage.

 

"... everything what my husband and I have are in his name because of the payments that they did not pay on the house as well as the foreclosures that were on the house."

 

This doesn't make sense.  At any rate, two should "have" (own) nothing together all these years later.

 

Were I you, I'd talk with a bankruptcy attorney.

 

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I signed over my interest to her. Right they missed a ton of payments to the point of it going into sheriff sale three different times then she filed bankruptcy to restart the whole process. I know that is why my credit it shot, my ex also didn't refinance the truck of his that was in both of our names that he was supposed to and got it repossessed. Obviously I'm guessing the couldn't refinance because of he way that the payments were not being made and things like that.  What I mean by my husband is my current husband, I got remarried in 2009 and everything he has to get strictly in his name because I can't get anything. I did all of the things that I was supposed to do according to the decree, I paid off my car and the credit card that was mine even though his name was on it. The house, his car, and a credit card that was his that also had my name on, all of that he just let go and let it go into collections and repossessions. I am just tired of dealing with this it has been almost 8 years and I keep getting told that there is nothing that I can do. 

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Unfortunately, you gave up your leverage by signing a quit claim before refinancing had been arranged.  Had the house not been refinanced at that point, you could have gone back and had the court force sale.  You can't do that now.  You can't seek to hold his mother in contempt because she's not a party to the divorce settlement.  As suggested above, you might want to consider personal bankruptcy to get out from under all the debt your ex has left you exposed to.  Consult local counsel.

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Hi @purplerose214

 

Welcome to the community and thanks for posting! Looks like you've gotten some excellent input from our legal community. As LegalWriter mentioned, you may want to consider speaking with an attorney to determine what your options are at this point. If you need help finding one in your area, you can use our Lawyer Directory -- many offer free consultations.

 

Best of luck!

The FindLaw.com Team

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