Harp Refinance, title and lien problems..

[Ohiogal]

Out of curiosity, what knot head representied you in the divorce – knowing her assigned debt load - was so grossly remiss in not seeing to it that the decree expressly and presently awarded you the property as your sole and separate estate and then have a certified copy or abstract immediately recorded?!

It is bad enough that as written she was permitted to remain a titled owner for up to four months exposing the property to her creditors. But worse because you failed to follow through to see that a proper quitclaim deed was promptly executed, delivered and recorded.

It seems inexplicable as to why you were you so foolish as sit for over three years expecting your "loving" ex wife to voluntary comply with the court’s order.

Also, if you expect to have the court cite her for being in contempt for failing to hold you harmless of her debts, you'd better be prepared to produce credible evidence that she had the ability to do so. And her driving a new set of wheels won’t be in the game.

I disagree with the fact that a certified copy of the divorce decree would have helped. The legal description of the real property is required upon any transferrals/deeds and such in order to be proper in Ohio. Most divorce attorneys do NOT practice real estate law because of the specifics required in the recorder's office. He -- since he was awarded the property -- should have had the deed prepared so that she could sign it within 120 days. And then if it did not happen, he should have immediately gone to court to enforce.

 

[OHRoadwarrior]

Your issue now is two fold. From experience, a title company will accept a home made generic quit claim to the property, that is signed, notarized and filed with county clerks office as part of the property record. That will not remove the lien. You will need to sue her for contempt and seek to recover the money in court.