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Old 05-15-2006, 06:44 PM
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Join Date: May 2006
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Any Recourse?


What is the name of your state? Washington

My boyfriend was married then got divorced two years ago. His ex-wife received the house to reside in after the divorce, but my boyfriend had to pay half the mortgage payment/interest/insurance and he also had his name kept on the loan and title after the divorce. His ex-wife was supposed to sell or refinance the house and cash him out with half the equity. Just recently his ex-wife was able to refinance the house without his signature and without cashing him out. How is that possible? What type of loophole allows for her to refinance without him signing any type of paperwork? He was the main borrower on the loan and even though the divorce gave her the house to live in and the ability to refinance, it didn't give her sole ownership. He still remained main borrower after the divorce. He didn't sign away any of his interest in the house and he didn't sign a quit claim deed. He was supposed to receive half the equity in the house. Does he have any recourse? Should he hire a real estate attorney?What is the name of your state?
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Old 05-15-2006, 06:47 PM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by Marnie
What is the name of your state? Washington

My boyfriend was married then got divorced two years ago. His ex-wife received the house to reside in after the divorce, but my boyfriend had to pay half the mortgage payment/interest/insurance and he also had his name kept on the loan and title after the divorce. His ex-wife was supposed to sell or refinance the house and cash him out with half the equity. Just recently his ex-wife was able to refinance the house without his signature and without cashing him out. How is that possible? What type of loophole allows for her to refinance without him signing any type of paperwork? He was the main borrower on the loan and even though the divorce gave her the house to live in and the ability to refinance, it didn't give her sole ownership. He still remained main borrower after the divorce. He didn't sign away any of his interest in the house and he didn't sign a quit claim deed. He was supposed to receive half the equity in the house. Does he have any recourse? Should he hire a real estate attorney?What is the name of your state?
Q: How is that possible?

A: Good question. Have him order a current owner and encumbrance report/search from a title company in the county where the land is. That should answer his questions.
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