quick claim deed in divorce

[binaman]

North Carolina.....I'm retired military and I obtained a divorce in Fayetteville N.C. (five years ago). I signed a quick claim deed, to give my wife the home, because we still had two minor children in the house at the time. At the time, she could not get the house refinanced in her name and the mortgage company left the house in my name. (Meaning I was still responsible for the house in the mortgage company eyes). In our divorce, the decree states she is to mantain the mortgage and not leave me liable. Well, I recently remarried. As soon as I told my ex about my pending marriage (I married in June of 05, she stopped paying the mortgage. The mortgage company is calling me and now the house note is three months behind. The mortgage company is telling me I'm still responsible for the house in their eyes, and until I get it out of my name, I'm screwed. I know my ex is only doing this out of spite, and my credit is getting ruined. My ex ignores my calls and does not let me see my child anymore (we have joint custody, no set days off were put in writing. Before I got married I was seeing my children, one is in college now, but I have a 12 year still at home). I know I will have to go back to court, but, can a judge declare that quick claim deed nonvalid? I just want to sell the house and divide the assets, my ex is ruining me and I would not want my new wife's credit to be affected by all of this. But it is written she is to follow the rules and pay the mortgage, But in the meantime my credit gets ruined. please help

 

[LdiJ]

North Carolina.....I'm retired military and I obtained a divorce in Fayetteville N.C. (five years ago). I signed a quick claim deed, to give my wife the home, because we still had two minor children in the house at the time. At the time, she could not get the house refinanced in her name and the mortgage company left the house in my name. (Meaning I was still responsible for the house in the mortgage company eyes). In our divorce, the decree states she is to mantain the mortgage and not leave me liable. Well, I recently remarried. As soon as I told my ex about my pending marriage (I married in June of 05, she stopped paying the mortgage. The mortgage company is calling me and now the house note is three months behind. The mortgage company is telling me I'm still responsible for the house in their eyes, and until I get it out of my name, I'm screwed. I know my ex is only doing this out of spite, and my credit is getting ruined. My ex ignores my calls and does not let me see my child anymore (we have joint custody, no set days off were put in writing. Before I got married I was seeing my children, one is in college now, but I have a 12 year still at home). I know I will have to go back to court, but, can a judge declare that quick claim deed nonvalid? I just want to sell the house and divide the assets, my ex is ruining me and I would not want my new wife's credit to be affected by all of this. But it is written she is to follow the rules and pay the mortgage, But in the meantime my credit gets ruined. please help

I am really sorry, but you honestly bungled the situation. If she couldn't qualify to refinance in her own name it should have been sold as part of the divorce. You also shouldn't have given her a quit claim deed prior to a refinance happening.

At this point you honestly have no choice but to try to find a way to bring the mortgage current to avoid foreclosure. You absolutely need to take things back to court (with an attorney)...but the most urgent thing is to prevent a foreclosure ending up on your credit report. No matter what...that should be your primary consideration...you can sort out the rest in court later.

 

[seniorjudge]

North Carolina.....I'm retired military and I obtained a divorce in Fayetteville N.C. (five years ago). I signed a quick claim deed, to give my wife the home, because we still had two minor children in the house at the time. At the time, she could not get the house refinanced in her name and the mortgage company left the house in my name. (Meaning I was still responsible for the house in the mortgage company eyes). In our divorce, the decree states she is to mantain the mortgage and not leave me liable. Well, I recently remarried. As soon as I told my ex about my pending marriage (I married in June of 05, she stopped paying the mortgage. The mortgage company is calling me and now the house note is three months behind. The mortgage company is telling me I'm still responsible for the house in their eyes, and until I get it out of my name, I'm screwed. I know my ex is only doing this out of spite, and my credit is getting ruined. My ex ignores my calls and does not let me see my child anymore (we have joint custody, no set days off were put in writing. Before I got married I was seeing my children, one is in college now, but I have a 12 year still at home). I know I will have to go back to court, but, can a judge declare that quick claim deed nonvalid? I just want to sell the house and divide the assets, my ex is ruining me and I would not want my new wife's credit to be affected by all of this. But it is written she is to follow the rules and pay the mortgage, But in the meantime my credit gets ruined. please help

The mortgage company is telling me I'm still responsible for the house in their eyes, and until I get it out of my name, I'm screwed.

And, I might add, in the eyes of everyone else.