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Old 05-08-2012, 10:59 AM
 
Location: Richardson, TX
6,523 posts, read 9,375,260 times
Reputation: 12784
Quote:
Originally Posted by mdownes View Post
My daughter is in the middle of a devorce. We found that her husband refinanced the house and she thought in both their names. Turnes out it is in just his name. She had been told both names would be on it. She never signed anything. Her name is on the deed and it states "soley" by her Dad who sold her the house. Now as they are going through the devorce settlement and the finances are being sort out and he is trying to bring down her monthly cost for her and the 3 kids. We were notified yesterday he has listed it as a short sale can he do this without her involvment. How could the mortgage co. not have seen her name on the deed and requested her involvment. Can this be done. I tried to speak to the Mortgage Co. and they said they will not speak to us because we are not on the Mortgage. We are running out of time and want to save the house please any advice
Are you in a community property state?

Did she sign anything when he closed on the last mortgage? I.e. in Texas she would not be on the Note but she would have signed the Deed of Trust at closing. If she is in title as one of the owners of the house, I don't believe he can proceed with a sale without her consent and signature.
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Old 05-08-2012, 11:04 AM
 
Location: Up above the world so high!
43,278 posts, read 51,772,813 times
Reputation: 35447
Quote:
Originally Posted by mdownes View Post
My daughter is in the middle of a devorce. We found that her husband refinanced the house and she thought in both their names. Turnes out it is in just his name. She had been told both names would be on it. She never signed anything. Her name is on the deed and it states "soley" by her Dad who sold her the house. Now as they are going through the devorce settlement and the finances are being sort out and he is trying to bring down her monthly cost for her and the 3 kids. We were notified yesterday he has listed it as a short sale can he do this without her involvment. How could the mortgage co. not have seen her name on the deed and requested her involvment. Can this be done. I tried to speak to the Mortgage Co. and they said they will not speak to us because we are not on the Mortgage. We are running out of time and want to save the house please any advice
Contact the real estate agent who listed the home ASAP and notify him/her that your daughter is on the deed.

Your son-in-law obviously lied to them to get them to list it, because no realtor would be able to take a listing until all parties on the deed agreed in writing to list it.
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Old 05-08-2012, 02:34 PM
 
Location: Needham, MA
3,267 posts, read 2,512,762 times
Reputation: 2111
If her name is on the deed then the property cannot be sold without her consent. I would recommend going to the county courthouse or town hall wherever deeds are typically recorded in your state and getting a copy of the deed. Next, I'd get in contact with the listing agent and let them know your daughter is on the deed (furnish a copy if necessary) and that she is not interested in selling the home. I know in my area a listing contract is not valid unless it is signed by all the people listed on the deed.
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Old 06-01-2014, 01:28 PM
 
1 posts, read 103 times
Reputation: 10
My ex husband and I still own a home together, however the reason is because I am only on the title but not the mortgage loan. Due to the divorce agreement I was to receive a certain dollar amount from the settlement and once I was paid I am to sign a quit claim deed so he will be the sole owner. My question is he constantly threatens non payment, late payments etc. Can I file a lien against the house even though my name is on the title? Will a lien affect credit? Especially mine since I am on the title only?
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Old 06-01-2014, 01:58 PM
 
1,683 posts, read 964,584 times
Reputation: 2340
Quote:
Originally Posted by annieb2654 View Post
My ex husband and I still own a home together, however the reason is because I am only on the title but not the mortgage loan. Due to the divorce agreement I was to receive a certain dollar amount from the settlement and once I was paid I am to sign a quit claim deed so he will be the sole owner. My question is he constantly threatens non payment, late payments etc. Can I file a lien against the house even though my name is on the title? Will a lien affect credit? Especially mine since I am on the title only?
If and when he violates the terms of the agreement, you haul his butt to court and let the judge handle it. You have an agreement and the agreement holds. Just because he threatens something does not mean he violated the agreement. Now, I have to ask, did you place a sunset date for the settelment in the agreement? If you did (which I hope you did as any attorney would have demanded it), do not let it slide for even 1 day. Otherwise, all a lien does is cloud the title and require satisfaction/removal before a transfer; you already have that because your on the title.
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Old 06-01-2014, 01:59 PM
 
Location: Columbia SC
1,502 posts, read 548,550 times
Reputation: 1601
Years back in MA I owned my own business and as such it did not show a lot of income. We obtained mortgages on my wife's income alone but both our names were on the title. This is a common practice.
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