What is the name of your state? ANY and all
... fail to explain that when a person deeds their interest in real estate they are STILL obligated to the lender if no refinance occurs? Just yesterday a friend put me on the phone with her son who was getting divorced to make sure I beat it into his head that this was true. He didn't believe her or me. An attorney he had consulted for his divorce (they had come up with an agreement before court) had given him a quit claim deed and told him "all he had to do was record it at the county and he would be OFF the house".
Additionally. seems so many divorce attorneys never bother running a title report when the real estate is part of the setllement so that everyone knows BEFORE settlement what leins and judgements may have been attached to one or the other parties interest. How can real estate be included in a settlement until one has knowledge of the condition of title? Seems that so many attornies skip this important step, yet the RE is usually the largest asset in question. I have run into so many cases of homes sold several years after the divorce where, SURPRISE!, a lien or judgement against the now gone ex is of record against the property. Laypeople don't necessarilly know this- this is why they get attorneys.
It just stuns me that so many people went through divorces and nobody's attorney explained this risk!
... fail to explain that when a person deeds their interest in real estate they are STILL obligated to the lender if no refinance occurs? Just yesterday a friend put me on the phone with her son who was getting divorced to make sure I beat it into his head that this was true. He didn't believe her or me. An attorney he had consulted for his divorce (they had come up with an agreement before court) had given him a quit claim deed and told him "all he had to do was record it at the county and he would be OFF the house".
Additionally. seems so many divorce attorneys never bother running a title report when the real estate is part of the setllement so that everyone knows BEFORE settlement what leins and judgements may have been attached to one or the other parties interest. How can real estate be included in a settlement until one has knowledge of the condition of title? Seems that so many attornies skip this important step, yet the RE is usually the largest asset in question. I have run into so many cases of homes sold several years after the divorce where, SURPRISE!, a lien or judgement against the now gone ex is of record against the property. Laypeople don't necessarilly know this- this is why they get attorneys.
It just stuns me that so many people went through divorces and nobody's attorney explained this risk!