House problems

[statewilliams]

What is the name of your state? Texas (Harris County)

My husband and his ex-wife bought a house together shortly before their divorce. In the divorce decree, she is responsible for the house. Now she wants to move to New Jersey and wants my husband and I to buy the house. She still owes a lot of money on the house, but she is re-selling it to us. At first we thought we were approved, but now we may not get approved. His name is still on the mortgage.

So my first question is: Since his name is still on the mortgage, could we legally take over the payments instead of having to buy the house?
I would rather buy it because I don't want her name on it anymore, but she says that if we can't buy it she is still going to move and she will just let the house foreclose. However, my understanding is that this would in turn ruin my husband's credit. She doesn't have to worry about it because her rich father will help her get what she needs. My husband and I don't have that to fall back on.


My second question is: If she chooses not to make the payments what can we do to protect ourselves?

Any help would be most greatly appreciated.

 

[LdiJ]

What is the name of your state? Texas (Harris County)

My husband and his ex-wife bought a house together shortly before their divorce. In the divorce decree, she is responsible for the house. Now she wants to move to New Jersey and wants my husband and I to buy the house. She still owes a lot of money on the house, but she is re-selling it to us. At first we thought we were approved, but now we may not get approved. His name is still on the mortgage.

So my first question is: Since his name is still on the mortgage, could we legally take over the payments instead of having to buy the house?
I would rather buy it because I don't want her name on it anymore, but she says that if we can't buy it she is still going to move and she will just let the house foreclose. However, my understanding is that this would in turn ruin my husband's credit. She doesn't have to worry about it because her rich father will help her get what she needs. My husband and I don't have that to fall back on.


My second question is: If she chooses not to make the payments what can we do to protect ourselves?

Any help would be most greatly appreciated.

If she agrees, you and your husband could move into the house and pay the mortgage and put it on the market and sell it. It would be far better for the house to be sold than to go into foreclosure.

 

[Ohiogal]

Hubby should go back to court and enforce the decree. If she does not want to get his name off the mortgage he should ask the court to give HIM the house so that he can protect his interest and allow him to sell the house with a court order.