Divorced and foreclosed

What is the name of your state?NEBRASKA.

My wife got divorced from her ex in 2000. They did not sell the house at that time, and she signed a quit claim deed giving him the house. He has been foreclosed on and filed bankruptcy. He has since been foreclosed on again. He filed a motion to sell the house, but there was a stipulation in the property settlement agreement that she would receive a sum of money from the sale. After paying her, and a few other creditors he would only receive a few hundred dollars. He has called and harassed her saying that if she does not agree to split her settlement with him, he will not sell the house. This can further injure her credit rating and prevent her from receiving the settlement. What can we do?

[I AM ALWAYS LIABLE]

Originally Posted by tpnorrid

What is the name of your state?NEBRASKA.

My wife got divorced from her ex in 2000. They did not sell the house at that time, and she signed a quit claim deed giving him the house. He has been foreclosed on and filed bankruptcy. He has since been foreclosed on again. He filed a motion to sell the house, but there was a stipulation in the property settlement agreement that she would receive a sum of money from the sale. After paying her, and a few other creditors he would only receive a few hundred dollars. He has called and harassed her saying that if she does not agree to split her settlement with him, he will not sell the house. This can further injure her credit rating and prevent her from receiving the settlement. What can we do?

My response:

She can, and should, tell him to go pound sand. Her credit is already in the dumper from the initial foreclosure. It can't get any worse for her. She should have only signed the Quit Claim Deed upon proof of his refinancing the loan. So, all she did was give up her right to the property, but not the responsibility for the loan contract.

IAAL

Originally Posted by I AM ALWAYS LIABLE

My response:

She can, and should, tell him to go pound sand. Her credit is already in the dumper from the initial foreclosure. It can't get any worse for her. She should have only signed the Quit Claim Deed upon proof of his refinancing the loan. So, all she did was give up her right to the property, but not the responsibility for the loan contract.

IAAL

Thanks, but I have already told her that. I was inquiring to find out if there was anything we could do to force the sale. Or, would it be possible to file a lien against the property before the foreclosure is final?

[I AM ALWAYS LIABLE]

Originally Posted by tpnorrid

Thanks, but I have already told her that. I was inquiring to find out if there was anything we could do to force the sale. Or, would it be possible to file a lien against the property before the foreclosure is final?

My response:

No. She signed a Quit Claim Deed to the property. She has no legal interest in the property; i.e., it doesn't belong to her, so she can't force someone to do something with something that doesn't belong to her.

IAAL

Originally Posted by I AM ALWAYS LIABLE

My response:

No. She signed a Quit Claim Deed to the property. She has no legal interest in the property; i.e., it doesn't belong to her, so she can't force someone to do something with something that doesn't belong to her.

IAAL

Her interest in the property is the settlement money she stands to lose from the property being foreclosed. Since she also has a financial interest from still being liable on the mortgage, is there any way that we can make arrangements to "buy" the property from the mortgage company once it is foreclosed. By the way, he has vacated the home and is currently renting another home. Are there any abandonment laws, or any way to void the quit claim deed due to abandonment?

[Ciarraine]

Originally Posted by tpnorrid

Her interest in the property is the settlement money she stands to lose from the property being foreclosed. Since she also has a financial interest from still being liable on the mortgage, is there any way that we can make arrangements to "buy" the property from the mortgage company once it is foreclosed. By the way, he has vacated the home and is currently renting another home. Are there any abandonment laws, or any way to void the quit claim deed due to abandonment?

No. She has no interest in the property. She has a potential interest in the proceeds from the sale of the property, and that is it. Cross your fingers and hope.