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  #1  
Old 02-01-2006, 10:16 AM
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Join Date: Feb 2006
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Unhappy

Unusual Situation


I live in the state of Ohio. When I got divorced, me and my ex was suppose to sell the house. He was not willing to assist in this matter , so we agreed to buy him out. He signed a quit claim deed and I re-financed the mortgage into my name only. For the past 2 years, I have been making the payments. Only to find out that the deed has not been recorded in my name only, it is still in both names . Now I have filed bankruptcy,(house was not included) and during this process my financial status changed. I am behind in payments, so I was looking forward to a foreclosure taking place. When I went to court for the bankruptcy, and the Judge seen that the title had not been recorded in my name, he put a lien on the property and became the owner, (he said he's doing this to PROTECT me: confused:. So, last week he sent a realtor to put my house up for sale. I did not agree with her on the sale price and suggested what I thought the price should be . She changed it to what I suggested. I was not impressed with her being the realtor in the sale of the house. My question: Is what has taken place legal and correct and can I choose who I want the realtor to be? Please help, I'm in need of legal advise in this matter ASAP!!! Thanks in Advance and I look forward to hearing from someone.
  #2  
Old 02-01-2006, 10:42 AM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by LostInOhioLaws
I live in the state of Ohio. When I got divorced, me and my ex was suppose to sell the house. He was not willing to assist in this matter , so we agreed to buy him out. He signed a quit claim deed and I re-financed the mortgage into my name only. For the past 2 years, I have been making the payments. Only to find out that the deed has not been recorded in my name only, it is still in both names . Now I have filed bankruptcy,(house was not included) and during this process my financial status changed. I am behind in payments, so I was looking forward to a foreclosure taking place. When I went to court for the bankruptcy, and the Judge seen that the title had not been recorded in my name, he put a lien on the property and became the owner, (he said he's doing this to PROTECT me: confused:. So, last week he sent a realtor to put my house up for sale. I did not agree with her on the sale price and suggested what I thought the price should be . She changed it to what I suggested. I was not impressed with her being the realtor in the sale of the house. My question: Is what has taken place legal and correct and can I choose who I want the realtor to be? Please help, I'm in need of legal advise in this matter ASAP!!! Thanks in Advance and I look forward to hearing from someone.

This is a typical situation that happens thousands of times a year all over the country.

So, let's start at the beginning.

What did YOU do with the quit claim deed you got from your ex-husband when he conveyed the land to you?
__________________
There are two rules for success:

(1) Never tell everything you know.
  #3  
Old 02-02-2006, 01:04 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
and you did not provide the facts regarding the BK trustee's actions.
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