Illegal Listing?

[trisha_m70]

What is the name of your state? South Carolina

My ex husband hired a realtor to sell the mobile home/acreage that we used to live in together. The home and land are financed separately. My name is on the home only but we both own the land. There is a pending contract on the property (home & land) but no one has contacted me to sign papers to sell the home.

Did the Realtor list my home illegally since my ex husband does not own it? If so, should I contact a lawyer? Do I have a case against the realtor?

[BelizeBreeze]

Originally Posted by trisha_m70

What is the name of your state? South Carolina

My ex husband hired a realtor to sell the mobile home/acreage that we used to live in together. The home and land are financed separately. My name is on the home only but we both own the land. There is a pending contract on the property (home & land) but no one has contacted me to sign papers to sell the home.

Did the Realtor list my home illegally since my ex husband does not own it? If so, should I contact a lawyer? Do I have a case against the realtor?

How do you both own the land if your name is not on the deed?

Would you like to explain a little better?

[trisha_m70]

My name is on the home only. It is a mobile home that I purchased in Charleston. I moved it to Leesville after me and my husband (at the time) purchased a piece of land together. I am primary on the land and he is co-signer. His name is not on the mobile home at all.

[BelizeBreeze]

Originally Posted by trisha_m70

My name is on the home only. It is a mobile home that I purchased in Charleston. I moved it to Leesville after me and my husband (at the time) purchased a piece of land together. I am primary on the land and he is co-signer. His name is not on the mobile home at all.

o.k one last time so pay attention. What does your divorce decree say about the property? Are you on the deed to the land (not the mortgage but DEED)? Did you purchase the mobile home during the marriage?:

NOW do you get it?

[trisha_m70]

My name is on the deed to the land and he is co-owner on the land. My name is on the mobile home and it was purchased prior to our marriage. I purchased the home in 1999 and moved it to the land that we own together in 2001. We were not married when we purchased the land together. We were married in 2003.

The divorce decree states the following:

The husband shall make all reasonable efforts to obtain refinancing to satisfy all obligations which he will be acquiring herein.
The husband shall have use, ownership, and possession of the marital home. The husband will be responsible for the satisfaction of all obligations related to said home, including but not limited to taxes, insurance, mortgage, and Southern Energy.

As of yet, he has not refinanced anything in his name only.

[BelizeBreeze]

Originally Posted by trisha_m70

My name is on the deed to the land and he is co-owner on the land. My name is on the mobile home and it was purchased prior to our marriage. I purchased the home in 1999 and moved it to the land that we own together in 2001. We were not married when we purchased the land together. We were married in 2003.

The divorce decree states the following:

The husband shall make all reasonable efforts to obtain refinancing to satisfy all obligations which he will be acquiring herein.
The husband shall have use, ownership, and possession of the marital home. The husband will be responsible for the satisfaction of all obligations related to said home, including but not limited to taxes, insurance, mortgage, and Southern Energy.

As of yet, he has not refinanced anything in his name only.

well the answer is right there. he owns the home. Period. And he can do as he wishes with it. any further answers you need to take the divorce decree to a local attorney who can read it in it's entirity and advise.

[trisha_m70]

My question is do I have a case against the realtor, not my ex husband? He has not refinanced the home in his name yet so can he sell it even though it is in my name only?

[BelizeBreeze]

Originally Posted by trisha_m70

My question is do I have a case against the realtor, not my ex husband? He has not refinanced the home in his name yet so can he sell it even though it is in my name only?

first question: no.
Second question: ask your attorney.

[justalayman]

I would suspect the Realtor has been mis-informed as to how title is currently held.



I would simply call the realtor and clue him to the fact that your name is still on the title of the home and on the deed. He may be very un-aware of the truth.

Your husband does have control of the home by the divorce decree. Your current title situation would definately cause a glitch in the closing though.

In refinancing the property, the goal is to pay you your court ordered share of the property. The same result can be obtained if he sells the home and pays off everything rather than refinancing.

[lcannister]

The husband shall make all reasonable efforts to obtain refinancing

Bluntly his chances of refinancing an 8 year old trailer are very dismal indeed no matter what he tries, then throw in a credit issue or two and he is dead in the water.

I would simply call the realtor and clue him to the fact that your name is still on the title of the home and on the deed

Bluntly his chances of selling an 8 year old trailer and not ending up upside down on the loan are also highly unlikely, then throw in a realestate fee.

I hope you do not expect to see any funds from these transactions because there will likely be none.

[BelizeBreeze]

Originally Posted by lcannister

The husband shall make all reasonable efforts to obtain refinancing

Bluntly his chances of refinancing an 8 year old trailer are very dismal indeed no matter what he tries, then throw in a credit issue or two and he is dead in the water.

I would simply call the realtor and clue him to the fact that your name is still on the title of the home and on the deed

Bluntly his chances of selling an 8 year old trailer and not ending up upside down on the loan are also highly unlikely, then throw in a realestate fee.

I hope you do not expect to see any funds from these transactions because there will likely be none.

Not to mention he was awarded the home in the divorce

[nextwife]

He was likely ordered to refi to remove her from the debt obligation (and so it would not adversely affect her credit score). So paying off the existing mortgage will accomplish that.

Full status of title is usually not determined untill AFTER there is an accepted offer and the title insurance commitment is done.