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Signed a quit claim deed on house, ex wife was supposed to refinance but still hasnt and now she wants to let it foreclose.

Dade City, FL |

I dont want to take ownership of the house because its in a bad neighborhood, and she fouvht me tooth and nail for it in the divorce. I was in Iraq when all of this happened. She now is going to let it foreclose, ruining my credit, and I dont know what my options are to get her to refinance it or put it fully in her name. Please help. Thank you.

Attorney Answers 3


You have to look at your final dissolution of marriage paperwork. it should have the language requiring her refinance the property by a date certain. You can then file a motion to compel compliance. I recommend you Consult with a local attorney.

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Yours is a common problem after marriages are dissolved. Unfortunately, there are no good solutions for you. You should consult a lawyer in your area who is experienced in foreclosure defense and bankruptcy.

Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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This is so common, it is surprising that the courts don't issue orders compelling the refi or sale of the home where both parties are on the mortgage. Most often, spouses believe that merely getting their name off title will also suffice in getting the name off the note - not so! Unfortunately, it is now too late for her to refi as her own credit is ruined by the lack of payment. You can take the issue up with the bank, but they are usually reluctant to remove a debtor from the note especially where the remaining debtor is not paying the debt! Hire a good foreclosure defense attorney with some experience dealing with vets issues - there may be some relief due to your being in the service, but I don't know. You can also call Stetson Law College at (727) 562-7800 and ask for the Veteran's Law Institute, which offers free legal help to Vets. Good luck.

Carol Johnson Law Firm, P.A. : (727) 647-6645 : : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

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