On title/deed, but not mortgage (agents, mortgage company, property taxes, lawyer)
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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.
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.
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.
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?
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.
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.
My husband and I are refinancing our house. He has better credit than I and we are refinancing in his name only yet, I will still be on the title. Is this detrimental to me in any way? Refi in VA
I'm am the only one on promissory note and Loan. Divorce decree stipulated that my ex had 3 years to purchase home from me and if in those three years he could not purchase the home, it would revert back to me and he loses all interest. Deed at that time was in both names. When the 3 years were up, I put the home up for sale and I had him sign a quit claim deed and it was recorded at the county, Home has sold and now we find when searching the title he has tax liens against the home, Should the county have caught that when the quit claim deed was filed and deed is now only in my name. Am I responsible for paying his taxes which is a large sum on money $23,000.00. My agent wants me to file a partial release with the state of MN. What and who does the partial release protect? The buyers? And am I still responsible for paying his debt. Divorce decree was documented and signed on June 16, 2012, and the lien was place July 14, 2015 which is after the 3 year date. Can they hold me responsible.
I'm am the only one on promissory note and Loan. Divorce decree stipulated that my ex had 3 years to purchase home from me and if in those three years he could not purchase the home, it would revert back to me and he loses all interest. Deed at that time was in both names. When the 3 years were up, I put the home up for sale and I had him sign a quit claim deed and it was recorded at the county, Home has sold and now we find when searching the title he has tax liens against the home, Should the county have caught that when the quit claim deed was filed and deed is now only in my name. Am I responsible for paying his taxes which is a large sum on money $23,000.00. My agent wants me to file a partial release with the state of MN. What and who does the partial release protect? The buyers? And am I still responsible for paying his debt. Divorce decree was documented and signed on June 16, 2012, and the lien was place July 14, 2015 which is after the 3 year date. Can they hold me responsible.
No, typically when a Quit Claim Deed is filed the recording office does not check whether there are any back taxes owed. They normally would check for a Warranty Deed, because the Grantor is warranting that they are conveying good title, not encumbered by tax liens.
Property taxes are levied against a property--not against particular individuals. Why didn't you realize that property taxes were owed on the house?
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Re; refi in Va
