How long do I wait?

[Meis9587]

What is the name of your state (only U.S. law)? AZ

This is a different question from most. My husband walked out in Jul 08. He is an alcoholic and processing the divorce was difficult as he did not participate - it was a default divorce. The divorce was final in Oct 08. I received the house in the divorce, he has already signed a special warranty deed to make the deed mine. However; part of the divorce is that I assume the loan (I pay) and then after all is said and done he get's 30K.

I have the 30K, I have the paperwork prepared for the loan assumption, but he is unresponsive (ie. I'll be there to sign, not shows up). I'm trying to get this over with, but how long do I have to wait for him to complete the loan assumption paperwork and claim his 30K. I just don't want 5 years to pass and then all the sudden he pops up. Right now the loan assumption is about 2K - who knows what it will be in the future.

I've tried to explain to him that it is obviously to his benefit to complete the loan assumption and claim the 30K, but he's walking away from the situation.

How long do I have to wait?

 

[LdiJ]

What is the name of your state (only U.S. law)? AZ

This is a different question from most. My husband walked out in Jul 08. He is an alcoholic and processing the divorce was difficult as he did not participate - it was a default divorce. The divorce was final in Oct 08. I received the house in the divorce, he has already signed a special warranty deed to make the deed mine. However; part of the divorce is that I assume the loan (I pay) and then after all is said and done he get's 30K.

I have the 30K, I have the paperwork prepared for the loan assumption, but he is unresponsive (ie. I'll be there to sign, not shows up). I'm trying to get this over with, but how long do I have to wait for him to complete the loan assumption paperwork and claim his 30K. I just don't want 5 years to pass and then all the sudden he pops up. Right now the loan assumption is about 2K - who knows what it will be in the future.

I've tried to explain to him that it is obviously to his benefit to complete the loan assumption and claim the 30K, but he's walking away from the situation.

How long do I have to wait?

If he has already signed the special warranty deed (quit claim deed) why do you need his signature on anything else? You should be able to refinance/assume the loan without any further signature from him....you or the title company should be able to simply send him the check after you close.

The only exception I can see to that is if you are somehow attempting to assume the loan without involving the mortgage company.

 

[Meis9587]

The loan assumption packet requires his signature in 3 places. In addition, both of us have to do a mini-closing after the process is completed so it is recorded with the county clerk. I have full rights to sell the home, etc... but I cannot remove him from the loan without his consent/closing to be recorded with the county clerk.

 

[LdiJ]

The loan assumption packet requires his signature in 3 places. In addition, both of us have to do a mini-closing after the process is completed so it is recorded with the county clerk. I have full rights to sell the home, etc... but I cannot remove him from the loan without his consent/closing to be recorded with the county clerk.

Well, then you take him to court for contempt for refusing to sign the necessary documents....or to get a judge's order that you can sign on his behalf.