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.
Steven A. Leahy
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
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.
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