An exerpt from final divorce papers from July 2000. " The parties have agreed that the real proprty shall become property of husband, subject to indebtedness theron, with the following exception. Should the property be sold by husband, then wife shall be entitled to one-half of equity after payment of mortgage and expenses. Otherwise, husband shall have in place estate planning which will cause "(my sons' name)" to become owner of property upon his death. Should husband default on the mortgage(s) on said real estate, wife shall have right to cure default, and the real proerty be conveyed to her by husband."
About 3 months ago, he asked me sign a quit claim, so he could re-fi. I knew that if I did, that I would lose my interest, and also, I knew he had just put a pool in,,and probably wanted to pay that off. Which means if I let him re-fi, my half of equity would go down, and debt against property go up. Well, thru my children, I found out he was attempting to re-fi anyway, and I called mortgage lender and put a stop to it. He had filled out mortgage app. in his name only. They didn't like it when they heard there was another party he had not told them about. I also called the local title co. and told them that I would NOT sign a Quit claim unless, he was prepared to pay me off, and if they got set up to do it for him whithout me, it would be fraud on his part. Right before we divorced he asked me to sign a second mortgage, in which I did, or he said he would have to file BK. We used same attorney for divorce, and I told the atty. at time my husband couldn't or wouldn't re-fi and cash me out, so I wanted it worded to where he couldn't do anything with property. Six months after divorce he filed BK anyway. Guess what it did to me? This is his way for destroying me after 20 years of marriage.
I have talked to a real estate atty. about 3 months ago, who told me I was in drivers seat, that he couldn't do anything until I signed period. I mailed ex a letter 3 weeks ago,,telling him I would gladly quit claim it to him, if he would just give me half of equity on appraised value, less what is due. I heard nothing..Now I have a letter from American family saying loan has been satisfied. This property appraised at 160k 5 years ago. It only had about 92 against it . The only way he could have did this was sign my name to a quit claim, have someone he knows notorize it, wait a few weeks, then re-apply somewhere else..How about who notorized it> what kind of penalties are they looking at? I can't wait until Monday until I can start making phone calls,,This is making me crazy!
