What is the name of your state (only U.S. law)? TN
My Significant Other and I are planning on purchasing a home in the next year, but he is still on the mortgage with his ex wife. Neither of them had lawyers when they divorced. It was an uncontested divorce. He wanted to get everything over with and gave her everything she wanted, including things he had before they were married, and signed a quit claim deed. The quit claim deed was addressed in the divorce papers, removing him from financial responsibility was not.
For the last year he has talked to Countrywide and her. She refuses to refinance because she thinks there is about $10k negative equity. Countrywide has stated they've sent her notices about refinancing, which we have a small amount of proof of, because we have access to the web pay portion of their website and we have notes from them often. We know she is paying on time and has not defaulted (THANK GOD!!). They bought the house in September 2006, so it is very likely that there really is little/no/negative equity with our economy. She has since moved her new boyfriend into the house.
In an email we kept saved in his email account and have a printed copy with the "details", where she says "I took the house, the good and the bad. You have no right to it..."
1. What can we do to force her to refinance?
2. Because of that email, will we be responsible for the negative equity if there is any?
3. Can we have Countrywide do an appraisal since she is so unwilling?
4. If agreed upon/can a judge force to her to quit claim him back onto the house as half owner so we don't get screwed if she dies. I know legally, depending on her will, she can let her new guy or parents have the home without having any financial obligations for it...and we'll be stuck with the payments.
My Significant Other and I are planning on purchasing a home in the next year, but he is still on the mortgage with his ex wife. Neither of them had lawyers when they divorced. It was an uncontested divorce. He wanted to get everything over with and gave her everything she wanted, including things he had before they were married, and signed a quit claim deed. The quit claim deed was addressed in the divorce papers, removing him from financial responsibility was not.
For the last year he has talked to Countrywide and her. She refuses to refinance because she thinks there is about $10k negative equity. Countrywide has stated they've sent her notices about refinancing, which we have a small amount of proof of, because we have access to the web pay portion of their website and we have notes from them often. We know she is paying on time and has not defaulted (THANK GOD!!). They bought the house in September 2006, so it is very likely that there really is little/no/negative equity with our economy. She has since moved her new boyfriend into the house.
In an email we kept saved in his email account and have a printed copy with the "details", where she says "I took the house, the good and the bad. You have no right to it..."
1. What can we do to force her to refinance?
2. Because of that email, will we be responsible for the negative equity if there is any?
3. Can we have Countrywide do an appraisal since she is so unwilling?
4. If agreed upon/can a judge force to her to quit claim him back onto the house as half owner so we don't get screwed if she dies. I know legally, depending on her will, she can let her new guy or parents have the home without having any financial obligations for it...and we'll be stuck with the payments.
