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11-22-2004, 03:50 PM
| | Member | | Join Date: Jan 2004 Location: IN
Posts: 796
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Originally Posted by lclapp There is a lot going on here. First and foremost I would go to the county and see how the mortgage was recorded. The mortgage has to match deed. If the mortgage have all three names on it and all parties did not sign (this would not be recorded by county). You could sue the mortgage company for the full amount of the mortgage plus interest. If the mortgage has only your husband's name on it then the county would also have a deed to match. As far as locating the ex-wife. She would have to sign sooner or later, your hubby should have taken care of this a long time ago. | In what state are all people on the deed required to be on the mortgage? I'm in Indiana, and my name and my husband's name are both on the deed. He is the only name on the mortgage. |
11-22-2004, 04:01 PM
| | Junior Member | | Join Date: Sep 2004
Posts: 26
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In what state are all people on the deed required to be on the mortgage? I'm in Indiana, and my name and my husband's name are both on the deed. He is the only name on the mortgage.
| Everyone on mortgage must be on deed but not the other way around. |
12-13-2004, 08:45 AM
| | Junior Member | | Join Date: Nov 2004
Posts: 10
| | | quick claim/ quiet claim
Well we've had no luck locating the ex so we were told a quiet claim will need to be done. Does anyone know what all is involved in a quiet claim? |
12-13-2004, 08:59 AM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,179
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Originally Posted by lclapp Everyone on mortgage must be on deed but not the other way around. | Give me a BREAK!!!!!!
Where, in Indiana statutes, is this "REQUIREMENT" stipulated? 
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12-13-2004, 09:08 AM
| | | | Another possibility you could ask your lawyer about is if a commissioner could be appointed by the court where the judgment was originally rendered. This commission could then quit claim the real estate to you.
"Get an attorney and go after the mortgage company"
Iclapp, what would be the grounds for suing the mortgage company? How did they damage the poster? |
12-13-2004, 09:28 AM
| | Junior Member | | Join Date: Nov 2004
Posts: 10
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Originally Posted by seniorjudge Another possibility you could ask your lawyer about is if a commissioner could be appointed by the court where the judgment was originally rendered. This commission could then quit claim the real estate to you.
"Get an attorney and go after the mortgage company"
Iclapp, what would be the grounds for suing the mortgage company? How did they damage the poster? | Thank you for the information, we will check on that. We were able to get the refinancing done with me and my husbands name on it. I just want the ex's name off the property now and things will be fine!! |
12-13-2004, 09:30 AM
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Originally Posted by drd2000 I just want the ex's name off the property now and things will be fine!! | An exceptionally fine goal. Don't stop till that happens! |
12-13-2004, 11:17 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 71,453
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Originally Posted by lclapp Everyone on mortgage must be on deed but not the other way around. | **A: that is strictly a lender's policy and has nothing to do with the law. | |
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