unajudicated property

jen318 · #1 10-30-2005, 01:48 PM

What is the name of your state?CA
My ex and I got divorced about 2 yrs ago. He never claimed our house in the divorce. I was young at the time and he told me that he did not put it in the divorce because we needed to quit claim it to his father. I was not working at the time and he said I had no legal right to the house because I was not making the payment. I was led to believe that i had no legal right to the house at all. The quit claim deed was signed before the divorce was final. Now the father is harrasing me saying I need to sign a notarized paper saying I have no interest in the house and it has a clear title because he wants to re-fi and the loan company is telling him that it is unfiled. I was unaware of the fact that I was removed from title. The mortgage is still in my name. Do I have any legal ground to stand on as far as getting my part of the home?

BelizeBreeze · #2 10-30-2005, 01:53 PM

You own he mortgage liability. You do not own the home.

Unless you want to be on the hook for the rest of the mortgage don't sign.

If you want to be released from the mortgage, have FIL give you a copy of the statement he want's you to sign and take it to a local attorney. And tell FIL HE will pay the attorney's fees.

jen318 · #3 10-30-2005, 02:36 PM

Because I am only on the mortgage and not the title wether I was aware of it or not, the court would not look at the fact that they lied to get me to sign. Would they also not take into consideration the fact that it was community property not divided in the divorce. We never appeared in court the entire divorce was done by a paralegal?

BelizeBreeze · #4 10-30-2005, 03:08 PM

Quote:

Originally Posted by jen318

Because I am only on the mortgage and not the title wether I was aware of it or not, the court would not look at the fact that they lied to get me to sign.

And if you are an adult would the court not ask you did you consult with an attorney? YOu would be required to PROVE that they lied, not just state such.

Quote:

Would they also not take into consideration the fact that it was community property not divided in the divorce. We never appeared in court the entire divorce was done by a paralegal?

and who's fault is that?

jen318 · #5 10-30-2005, 06:59 PM

Given the situation I would say it was not my fault. The police reports of me being beat by him would point to that. I was not attempting to repeat the question, but to give you the facts in my situation. I felt I had no choice but to sign. I did not seek legal representation out fear.

BelizeBreeze · #6 10-30-2005, 07:01 PM

Quote:

Originally Posted by jen318

Given the situation I would say it was not my fault. The police reports of me being beat by him would point to that. I was not attempting to repeat the question, but to give you the facts in my situation.

And what the hell does your ACCUSATION of spousal abuse have to do with this?

jen318 · #7 10-30-2005, 07:04 PM

It's not an acusation if it's documented. I was forced to sign a contract under duress. I don't feel that your being rude and cussing is necessary.

BelizeBreeze · #8 10-30-2005, 07:05 PM

Quote:

Originally Posted by jen318

It's not an acusation if it's documented. I was forced to sign a contract under duress. I don't feel that your being rude and cussing is necessary.

So, he was twisting your arm behind your back, a knife to your throat and a gun to your head when you signed?

You're fishing and I'm not a trout.

jen318 · #9 10-30-2005, 07:26 PM

No he did not do those things. However the fear of what he would do, and given past incidents made me afraid to not sign. I am not trying to fish. I simply wanted some help.

BelizeBreeze · #10 10-30-2005, 07:30 PM

Quote:

Originally Posted by jen318

No he did not do those things. However the fear of what he would do, and given past incidents made me afraid to not sign. I am not trying to fish. I simply wanted some help.

If that were true you wouldn't be fishing for excuses why you, as an adult, did not take the deed to an attorney for review AT the time.

AS I SAID in my very first response, you are an adult and can read. You signed a legal document and are now responsible for your OWN actions.

Furthermore, you have provided no basis to overturn the deed based on fraud or coersion. The court will NOT rewrite the contract for you based on your inattention to details.

jen318 · #11 10-30-2005, 08:24 PM

i half-heartedly thank you for your (OH SO HELPFULL) "assistance" in this matter and am throughly recommending you to the lord of the underworld for a position on his personel staff. I am of the belief that given enough scientific evidence or in the very least a grand showdown, you might just turn out to be the unholy red one himself. you haven't a heart, if you did, you sold it long ago to pay for your college education. money well spent.
goodnight, goodluck and kick rocks

BelizeBreeze · #12 10-30-2005, 08:33 PM

Quote:

Originally Posted by jen318

i half-heartedly thank you for your (OH SO HELPFULL) "assistance" in this matter and am throughly recommending you to the lord of the underworld for a position on his personel staff. I am of the belief that given enough scientific evidence or in the very least a grand showdown, you might just turn out to be the unholy red one himself. you haven't a heart, if you did, you sold it long ago to pay for your college education. money well spent.
goodnight, goodluck and kick rocks

Oh brother

unajudicated property

Thank you