My ex-wife won't sign a quit claim deed as the only option on proceeding with the shortsale of the house

Asked almost 2 years ago - Fairfax, VA

The short sale process was denied because she has alot of money in her savings account and could help with the mortgage. She has not lived there or paid the mortgage since she left 6 years ago.

Our negotiator says we can try a Quit claim deed. She is refusing to sign now because she says it will give me all the rights on making descisions for the house!!!!! She also says the bank will come back with a different offer to charge us a fee or loan type that we would have to pay back and she wouldn't have a say so I could agree to it and she would have to pay it as well????

Our only options at this time is this shortsale or foreclosure as I cannot afford the house anymore and she moved out of state and has no interest in the house.

Please help!!!

Attorney answers (2)

  1. Susan Elizabeth Philbrick Allen

    Contributor Level 9

    Answered . Assuming the short sale is on the table because you are in financial distress, and it is likely that you will be unable to continue paying the current note, the lender will eventually foreclose upon default. If the lender is unable to recoup all its losses, costs, expenses upon sale of the property following a foreclosure, it may seek a deficiency judgment against the borrowers. The judgment then gives the lender the right to levy, or garnish, property of the judgment debtors. Without knowing all facts surrounding your specific case, it is difficult to determine if your ex-wife is being short-sighted. It may also be a very good idea to check out your divorce decree. This MAY require her to convey her interest in the property. If she is required under the decree to convey her interest int he property, you should seek counsel on how to enforce the decree.

    In answering this question, we have not created an attorney-client relationship. You must execute my engagement... more
  2. Steven Anderson Leahy

    Pro

    Contributor Level 17

    Answered . It sounds as your ex is a co-borrower on the loan. If that is true, simply quit claiming the home to you will not relieve her of the obligation to pay the loan. If she will not cooperate with quit claiming the deed. Will she cooperate with the sale? The sale would be in her best interest. As the bank may be able to seek any deficiency against her in whole. You need an experienced attorney to speak with her to show her why it is to her benefit to sell the house.

    I hope this helps.
    Respectfully,
    Steven A. Leahy
    www.chicagotaxteam.com

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more

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