stuckinahomerut
Junior Member
What is the name of your state? California
My now former divorce attorney gave my ex-husband the quit claim/deed transfer to our home without verifying that my ex-husband had indeed refinanced our two home mortgages (in order to remove my name from the loans) as directed by our MSA. Now my ex-husband is not attempting to refinance the two mortgages on the home and my former attorney is not acknowledging any wrong-doing in his neglect to verify that the refinance had taken place prior to the deed transfer. The attorney is demanding that I pay him a new retainer to go back to court to rectify the situation that he caused. (I do not have the money to do that.)
In the meantime I am unable to buy a new home as my credit reports show that I already have two mortgages, however, at the same time I have no legal claim to the home, my FICO remains low due to my high debt-to-income ratio, though I have no debt other than these two mortgages, and I am continually at risk of him defaulting on the loans and ruining my financial future even more than he already has.
It has been suggested to me by friends that I file for bankruptcy in order to remove my names from these mortgages "just to be safe." If I file would the home be taken away from my ex-husband as well or would I just be paying a 7-10 year financial prison sentence so that his name would be on the mortgages alone like the court ordered him to do in the first place? Does anyone know of any other solutions?
Thank you for reading my "book"
-StuckWhat is the name of your state?
My now former divorce attorney gave my ex-husband the quit claim/deed transfer to our home without verifying that my ex-husband had indeed refinanced our two home mortgages (in order to remove my name from the loans) as directed by our MSA. Now my ex-husband is not attempting to refinance the two mortgages on the home and my former attorney is not acknowledging any wrong-doing in his neglect to verify that the refinance had taken place prior to the deed transfer. The attorney is demanding that I pay him a new retainer to go back to court to rectify the situation that he caused. (I do not have the money to do that.)
In the meantime I am unable to buy a new home as my credit reports show that I already have two mortgages, however, at the same time I have no legal claim to the home, my FICO remains low due to my high debt-to-income ratio, though I have no debt other than these two mortgages, and I am continually at risk of him defaulting on the loans and ruining my financial future even more than he already has.
It has been suggested to me by friends that I file for bankruptcy in order to remove my names from these mortgages "just to be safe." If I file would the home be taken away from my ex-husband as well or would I just be paying a 7-10 year financial prison sentence so that his name would be on the mortgages alone like the court ordered him to do in the first place? Does anyone know of any other solutions?
Thank you for reading my "book"
-StuckWhat is the name of your state?