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#1
02-13-2003, 10:12 AM
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Refinance without Quit Claim DeedWhat is the name of your state? Missouri My husband and I want to refinance our house. The mortgage is in his name as well as his ex-wife’s name. When their divorce was final in 2000, she was supposed to sign a quit claim deed. However, right after the dissolution was filed she disappeared and the quit claim deed was never signed. We have finally located her and my husband has asked her to sign the quit claim deed but she has refused. The dissolution specifically states that the property will belong solely to my husband. Is there any way that we can use the divorce decree in lieu of a quit claim so that we can refinance the mortgage? Last edited by riedlwood; 02-13-2003 at 10:18 AM. |
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#2
02-13-2003, 10:22 AM
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Re: Refinance without Quit Claim Deed[quote]Originally posted by riedlwood [b]What is the name of your state? Missouri My husband and I want to refinance our house. The mortgage is in his name as well as his ex-wife’s name. When their divorce was final in 2000, she was supposed to sign a quit claim deed. However, right after the dissolution was filed she disappeared and the quit claim deed was never signed. We have finally located her and my husband has asked her to sign the quit claim deed but she has refused. The dissolution specifically states that the property will belong solely to my husband. Is there any way that we can use the divorce decree in lieu of a quit claim so that we can refinance the mortgage? **A: no. He must take her to court and force her to sign the deed. Mortgage lenders do not recognize divorce decrees in lieu of a quit claim. |
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#3
02-13-2003, 10:36 AM
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| The signed decree agreed upon and signed by both parties states that she will sign a quit claim deed upon the filing. Because she didn't, wouldn't that be considered breach of contract (also described in the decree) and therefore, wouldn't she be responsible for all court costs if my husband has to take her to court to have her sign it? I'm just trying to find some leverage to perhaps persuade her to sign it before having to go to court. |
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#4
02-13-2003, 11:57 AM
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| You are corrrect in your thinking. |
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#5
02-13-2003, 12:09 PM
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| Thanks for your help! |
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#6
02-13-2003, 12:24 PM
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| You are welcome and good luck with his ex. |
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