Father in law bought house with former wife they divorced, his current widow is claiming she and he refinanced the house in 2004. The thing is former wife quit claimed it to father in 2003 10 years after they divorced. I believe part of the divorce was he paid the mortgage and when it was paid she would quit claim her half to him. At county records I found a reconveyance doc in former wife name. Wouldn't that mean it is a new loan not a refinance of the 1993 loan.
Your question is not really clear; was the re conveyance from your father to his widow? I would get a copy of all the county records regarding this property and show everything to a probate attorney.
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A reconveyance and mortgage responsibility resulting from divorce are two different concepts. A reconveyance in a divorce means that one person takes title. Mortgage issues MUST be negotiated with the lien holder and a court can't force a lien holder to agree to apportioning the risk on a loan without allowing the lien holder the right to protect their interests. Also, this is now a probate matter so any remedies would need to be secured through a probate court process.
To be clear, sn interspousal transfer is not a Reconveyance. That only happens when a mortgage is paid off. So yes, it would seem the 2004 loan, if it exists, was not a refi.
These issues can get dicey in probate.
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Hard to say without reviewing the chain of title. That shouldn't be to hard to do. If she reconvened to him at some point however, and she is not currently on title, she probably has no claim. Without a complete review of the chain of title however, it would be impossible to say.
When a loan is refinanced, it is a new loan. There is a change in terms. The lender changes, the amount increases or decreases, the interest rate changes, and/or the end date changes.
In any of those happens, a reconveyance of the original trust deed is recorded AND a new trust deed is recorded. A look at the recorder's records should show a new trust deed recorded right after the reconveyance.
When the person gives you money, the person has an attorney and the attorney has a client, but not until then. Inspired by words of Abraham Lincoln
Reconveyance does not always mean a new loan or refinance has occurred.
Reconveyance can occur when one or more of several events occur:
-loan is paid off
-property is refinanced;
-change in terms of loan;
-loan transferred among lenders;
-change in terms of loan
Facts incomplete. Your attorney needs to review entire chain of title and judgment of dissolution to determine what has happened, rights of FIL and ex-W, take any steps to correct.
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