Taking posession of my house

I live in eastern Virginia. I need to know if I can legally take posession of a house my ex-wife lives in that we purchased when married. The mortgage is solely in my name but she tricked me in to signing the deed over to her. She has been living there for the last five years and been making the payments until recently. She is two months behind on payments and now the bank wants to forclose. If I don't pay what she owes they will take the house and it will ruin my otherwise good credit. If I pay it for her, can I take the house and live in it myself??? Any advice would be greatly appretiated.

[HomeGuru]

[quote]Originally posted by Robert Ballard
[b]I live in eastern Virginia. I need to know if I can legally take posession of a house my ex-wife lives in that we purchased when married.

**A: incorrect. If you signed your interest to her via quit clain deed, you have no ownership rights and would be barred from possession.
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The mortgage is solely in my name but she tricked me in to signing the deed over to her. She has been living there for the last five years and been making the payments until recently. She is two months behind on payments and now the bank wants to forclose. If I don't pay what she owes they will take the house and it will ruin my otherwise good credit. If I pay it for her, can I take the house and live in it myself??? Any advice would be greatly appretiated.

**A: no you can't, but you can loan her the money and get a second mortgage on the property, provided she agrees.

Thanks for your quick response. I am a total idiot for signing that deed transfer!! Giving her the money to pay up the mortgage is not an option but her new husband wants to take over the mortgage because he doesn't like my name on the bill when it comes and neither do I. I don't believe I need her permission to do an assumption with him, or do I? Thanks for your time.

[HomeGuru]

Originally posted by Robert Ballard
Thanks for your quick response. I am a total idiot for signing that deed transfer!! Giving her the money to pay up the mortgage is not an option but her new husband wants to take over the mortgage because he doesn't like my name on the bill when it comes and neither do I. I don't believe I need her permission to do an assumption with him, or do I? Thanks for your time.

**A: have them (or one of them) assume or refinance your loan and take you out of the picture. Be nice to them because they can make your life a living hell.

Believe me, she already has! Her hubby is the only one who will talk to me in a civil tone. She doesn't answer my calls and hangs up on me if she does. I have already requested the papers to do the assumption and I'm pretty sure he will sign them with or without her. Wish me luck and thanks again.

[HomeGuru]

Be sure you guys work with the lender because if the ledner does not approve an assumption, a new loan would be needed.

Yes I know, he has good credit and wants to do this as much as I do, well almost. The only problem is that I don't know if he realizes that she is real close to forclosure and if he finds out he would be stupid to assume the loan if he can't make up the payments in time. He may already know about it but I'm not sure and don't want to tell him. He has already told her that he won't do any repairs to the house as long as my name is on it so it sounds like he is partially on my side of this mess. I will try to talk to him tonight and see what the story is.

[HomeGuru]

Tell him the truth and give him all the facts.