I recently divorced in 2011 and divorce awards a jointly owned and mortgaged home to my ex-husband. He is required to refinance in 1 year or I can bring it back to court. My ex plans to foreclose/short sale home if bank doesn't refinance. Bank will probably not refinance due to his other debt and I was the main source of income.
Now I am in contract on a house and for my loan to go through, my underwriter is requiring me to quit claim deed on my old house. The judge said I can buy a new home with my divorce decree and same with my loan officer. But the underwriter won't let my loan go through unless I have a quit claim deed.
Should I quit claim deed? I will have no ownership. If I bring the house back to court if my ex doesn't refinance, how will I have ownership rights to sell?
If you want to purchase the new house in which you are currently in escrow, you will need to sign the Quitclaim Deed. Doing so would mean that you will no longer have the ability to bring that house back to court if your ex does not refinance. You will not have the right to sell it.
However, if that house is already upside down, it probably wouldn't make any difference to you in terms of the monies you'd receive, but letting that property to go foreclosure will likely adversely impact your credit score.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
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Family Law Attorney
Your ex was awarded the Home in question, but has not refinanced it. Yes you can Quit Claim the property to him but you then will have no control at all over the property.
You want to buy a new home but you need to get your name off of the old home.
I think you should go over all your options and the up and down sides to making this decision.
Contact a local attorney to obtain advice.
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Divorce / Separation Lawyer
It sounds like in order to accomplish what you want you will need to sign the quit claim deed. Hope things work out and take care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
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All of the advice by counsel is very good. I just wanted to add a few options for you.
It appears to be the underwriting policies of your new lender that is what is causing this decision to be made.
1) You could ask for an exception from the lender;
2) You could explore a different type of loan with different underwriting policies;
3) You may be able cancel the new home purchase (Check your purchase agreement to see if the loan contingency is still active); or,
4) You could knowingly give up any control you have on the old property by signing the quitclaim.
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