My ex got the houses in the divorce. I signed a quick claim deed over to him so he could refinance. He passed away before refinancing. The deeds are supposed to go to the two children, however, I still carry the mortgage. The kids do not want to sell and they cannot get a mortgage to purchase the homes. I want to sell the houses since I am moving to Tampa from Jacksonville. I want to get the deeds back into my name so I can sell the houses and get the mortgages out of my name.
Once you signed the deed over to him and he accepted it, the property belongs to him - regardless of your mortgage. Since it is his, it presumably passed to his children by virtue of probate and is now theirs. If the children cannot find a way to buy out your mortgage, you will have to immediately seek the advice of an attorney to try to help you out of this predicament. As you now see, the deed should have been signed over at the closing on the refinance - not before. Unfortunately, your worst case scenario may be to allow the bank to foreclose on the property. You have no ownership interest any longer and cannot force the sale.
My answer is of a general nature and should not be construed to be legal advice nor creating an attorney-client relationship. Carol Johnson Law Firm, P.A. practices in the area of Wills, Trusts, and Estates, Disability - with a particular focus on providing Special Needs Trusts and Planning for the care of disabled children and adults.
As stated previously you will now have to deal with the Estate of your ex-husband, since this mortgage is now a cloud on your credit and personal life. You need to see a probate lawyer and possibly a divorce lawyer to sort out your rights under the divorce decree or settlement agreement regarding the estate satisfying or releasing the mortgage. Do not delay because there is a creditor claim period.
The answer or information provided above is for general purposes only and should not be construed as formal legal advice, a legal opinion or the creation of a lawyer or attorney-client relationship. Before you act or rely upon the answer or any information provided above, we advise you to seek the services of an attorney.
As Ms. Anderson said, when you deeded your interest in the property, you lost the right to control the property. You may be able to bring an action to set aside the deed for failure of consideration - the only reason you deed your interest in the property to your ex was so that you could be relieved of liability under the existing mortgage which his death prevented him from doing. If you set aside the deed, you will own at least a portion of the property and will have some say in its disposition. You should consult an experienced real estate lawyer in your area for information on the best way to proceed.
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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