Ex and House

[Loretta]

What is the name of your state? NY

I was divorced from my exH in 1995. He was to pay me a certain amount of money (nothing to do with the house, I agreed he could have it) and then I was to sign a quit claim deed. In the divorce I was also "to be held harmless" on the mortgage -- whatever that means. He never finished paying me (had 1800.00 to go) so I never did anything about the deed or mortgage. I once offered to let him pay me 1300.00 and use 500.00 to get me off the mortgage, but that never happened either. (Meanwhile, he's remarried and bought another house where they are living. Both houses seem to be undergoing some updates.) Anyway, I'm still on the deed and still on the mortgage and apparently he's renting out the house. My questions are:

1) what does that "held harmless" mean?
2) what are my rights where this property is concerned? (i.e., can he just do whatever he wants?)
3) (depending on my rights) can I force him to get my name off of the mortgage?

Keep in mind I am completely broke, although my credit is "fair". Oh, and he HAS forged my name before with no repercussions.

Thanks to anyone and all who can offer some answers. I've been stewing over this for years .

[moburkes]

I don't know what it means out of context. Unless you plan on posting the rest of that part, your question cannot be answered. Does your decree give him a time frame in which to refinance? Have you sued him for the money he owes you?

[Loretta]

I haven't been in the financial position to sue him for the 1800.00. I didn't think it would be worth it. There was not a date that he was to refinance by. It was a "friendly" divorce and I expected he would pay me and I would sign the QCD and he would refinance. He then decided not to finish off those payments to me and be a you-know-what. Tried to be friendly again and offered to discount the 500 dollars that the mortgage co. charges to do the paperwork and filing (I guess). Please let me know what additional info you need to put this in 'context'.

Thanks again.

[moburkes]

Originally Posted by Loretta

I haven't been in the financial position to sue him for the 1800.00. I didn't think it would be worth it. There was not a date that he was to refinance by. It was a "friendly" divorce and I expected he would pay me and I would sign the QCD and he would refinance. He then decided not to finish off those payments to me and be a you-know-what. Tried to be friendly again and offered to discount the 500 dollars that the mortgage co. charges to do the paperwork and filing (I guess). Please let me know what additional info you need to put this in 'context'.

Thanks again.

You would need to write out the entire statement, or paragraph, in which the phrase is used.

[Loretta]

I'll get the document out and post that info tomorrow.

Have a great day.

[lcannister]

12 YEARS have gone by and you have not seen the need to get this resolved WAY before now?

Of all things do NOT sign a quit claim without being removed from the mortgage. That would mean he owns the house 100% and you would still owe/be held liable for the mortgage.

[Loretta]

I really didn't post the questions on here so that people could berate me for not taking care of this long ago. But thanks. I'm sure you're not interested in my personal history, so unless you're being helpful -- why bother to post a reply?

[moburkes]

Originally Posted by Loretta

I really didn't post the questions on here so that people could berate me for not taking care of this long ago. But thanks. I'm sure you're not interested in my personal history, so unless you're being helpful -- why bother to post a reply?

Loretta, any time you put your information "out there" you are going to get several responses, all of which you might not appreciate. The advice is free, as well as the sarcasm and criticism. If you don't like it, you can 1. ignore it, 2. pay for it. Seriously.

[Loretta]

I realize that. Of course I'll ignore it -- it just caught me off guard. For some silly reason I thought these forums would be different regarding sarcasm and criticism. And ultimatums. Stupid me. Unfortunately, it's a very emotional topic for me. And the fact that I chose to resort to posting here should give some clue as to my legal knowledge and financial state. If it were an easy option I'd be a the atty's office. But, enough, there goes my blood pressure.