What is the name of your state? TX
My divorce decree awarded the house to my wife but stated that she must refinance it in her name within 90 days. It then states that if she does not do this then she would sign a deed of trust in my favor and that I would have to execute a special warranty deed in her name. That way, I will have the right to reenter the property and occupy it exclusively. Well, she never refinanced the home and now the house is on the brink of foreclosure (of course, I'm still liable on the note). If I want to execute this deed of trust and warranty deed, what parties do I need to get involved? For instance, who will serve as the trustee? Can I draft the documents myself? I guess I don't understand how I can have a deed of trust when there is a lender out there who has the right to foreclose.
My divorce decree awarded the house to my wife but stated that she must refinance it in her name within 90 days. It then states that if she does not do this then she would sign a deed of trust in my favor and that I would have to execute a special warranty deed in her name. That way, I will have the right to reenter the property and occupy it exclusively. Well, she never refinanced the home and now the house is on the brink of foreclosure (of course, I'm still liable on the note). If I want to execute this deed of trust and warranty deed, what parties do I need to get involved? For instance, who will serve as the trustee? Can I draft the documents myself? I guess I don't understand how I can have a deed of trust when there is a lender out there who has the right to foreclose.