Real estate

[Toyota]

What is the name of your state? AZ

Ex wife tried to refinance home without my approval or consent. She made loan
application however, it was stopped because I found out about it. Talked to
the mortgage company that was to refi, the original mortgagee and they
said it would not be approved without my signature.
I beleive the names on the new refi was in both of their names (recently married)
. She has not paid me the equity due me for 2 1/2 years,
was suppose to pay twice yearly until July, --have not seen a dime of it. I feel
that she has broken the agreement because of non-payment of last 4 semi yearly payments. The reason that it was to be final in July'07 was because in case of losing job, medically, etc, I gave her the July pay off date as final. There as been no lose of income or medical during the last 2 years.
If I would go to court of this issue, would the judge frown on her attempting to refi without my knowledge. I am going to be asking for 50% equity now that I feel she has broken the
agreement .

 

[LdiJ]

What is the name of your state? AZ

Ex wife tried to refinance home without my approval or consent. She made loan
application however, it was stopped because I found out about it. Talked to
the mortgage company that was to refi, the original mortgagee and they
said it would not be approved without my signature.
I beleive the names on the new refi was in both of their names (recently married)
. She has not paid me the equity due me for 2 1/2 years,
was suppose to pay twice yearly until July, --have not seen a dime of it. I feel
that she has broken the agreement because of non-payment of last 4 semi yearly payments. The reason that it was to be final in July'07 was because in case of losing job, medically, etc, I gave her the July pay off date as final. There as been no lose of income or medical during the last 2 years.
If I would go to court of this issue, would the judge frown on her attempting to refi without my knowledge. I am going to be asking for 50% equity now that I feel she has broken the
agreement .

You do realize that the refinance might have been her method of paying off your share of the equity? That she may have been refinancing for enough to pay you off?

A refinance is usually the method that is used to pay off the equity due to a former spouse.

Stopping the refinance may have not been wise. Taking action to ensure that the refinance resulted in you getting paid off may have been the better way to handle the issue.

You don't have an attorney, do you?

 

[Toyota]

That would be a reasonable request had she talked to me about it before
she tried to refi....
Plus there are other concerns in the divorce that probably would be lost
if this refi went through that she was obligated to fulfill.

 

[LdiJ]

That would be a reasonable request had she talked to me about it before
she tried to refi....
Plus there are other concerns in the divorce that probably would be lost
if this refi went through that she was obligated to fulfill.

Dude...I think that you have messed yourself up because you don't have slightest idea how things work legally.

I think that you need to hire yourself an attorney and LISTEN to the attorney.

 

[Toyota]

I also know that she needed to tell me her plans and that the mortgage company was not to happy with her for trying because this would have been an error in their part of title search, etc. and they said she can't do that, and if I didn't know about it how was she going to accomplish this. So you think that it's okay for her to refi without my
signature to release the property? Like I said, if I would have let it go through, then
the other issues are history. Plus she got a loan with both of our names on it while
we were in progcess of divorce, that is why I am cautious of this type of thing.

 

[LdiJ]

I also know that she needed to tell me her plans and that the mortgage company was not to happy with her for trying because this would have been an error in their part of title search, etc. and they said she can't do that, and if I didn't know about it how was she going to accomplish this. So you think that it's okay for her to refi without my
signature to release the property? Like I said, if I would have let it go through, then
the other issues are history. Plus she got a loan with both of our names on it while
we were in progcess of divorce, that is why I am cautious of this type of thing.

I don't know how to get this across to you.

You aren't going to get your equity unless she refinances. The house is still going to be on your credit unless she refinances. She will have a hard time getting approved for a refinance now because she has a rejection on her record. (thanks to you)

You let your ego get in the way of common sense. Instead of negotiating with her to accomplish the refinance and make sure that you got your equity, you STOPPED the refinance.

Just how do you plan to get your equity now? Do you expect the judge to hold her in contempt for not paying you your equity? How do you think the judge is going to react when she tells him/her that she tried to refinance to pay you off and get you off the mortgage you STOPPED the refinance?

The judge is not going to frown on her. The judge is going to frown on YOU. The judge certainly isn't going to reward you for this by giving you a greater share of the equity.

 

[Toyota]

What are you saying "on her record". Where would it be on her record for
trying, just with that mortgage company, which whe won't go back to.

So, the other things that she has not compiled with, like paying off debt in our names,
judgments, etc. and parenting plan, non-payment of cost of before and after school,
ruining my credit before and after divorce, no equity payments for last 2+ yrs....the
only way I am going to get any monies that I am paying for is through the sale of
property, refi and stating what is fair in compensation of the other things. I was not
aware of this refi until the last minute with no conversation on her part to help resolve
mutually an agreement....so I feel I am not entirely to blame for not refing if she was
unwilling to communicate with me.

 

[Ohiogal]

You are both to blame -- does that make you feel better? It will be on her record that she tried to refinance. Every time you apply for credit and it is DENIED for a reason that HURTS your credit. But you should have tried to talk to her. It would have made your life easier. MUCH easier.

 

[nextwife]

Dude, do you think lenders are so naive that they'd simply take someone's WORD for it that they are the owner, or the sole owner?

The title report would have stopped the refi- if she was attempting to do so without buying you out.

When a refinance is being done, the lender orders a title commitments to insure that the parties borrowing are the parties that have the legal authority to do so. If you AND ex are in title, the title report would have shown she was not sole owner and the lender would have required either that you particate in the refi or that your wife be the sole owner before they would complete closing and disburse. The title report also assures the lender that the mortgage will be in the prioper priority position.

 

[Toyota]

yes, it has happen, not often but sometimes the title co makes mistakes too.

As far as her credit being ruined, she ruined it ong time ago and has not make
any attempt to correct the situation, so this won't make much difference. I put auto
loans in my name only because of her credit,and she had 30 lates on payments for it,h
her new husband put a loan on a vehicle because of her credit. Judgements are listed in court since divorce.

To date, she has not even indicated to me that the loan was not approved, the title
would have caught the judgements as well so it probably wouldn't have been
approved until she settled those anyway.

I was not too attentive when she was handling the bills during our marriage and
didn't realize what she was doing, mortgage payments 3-90 day lates, auto loan 30 lates
and I never saw the delinquents in the mail because she was home and I guess I trusted her.
We will work this out someway, how would your reaction be when suddenly she was
going in to sign for refi and you suddenly found out "what" when no discussion was
every made that she was doing this.

 

[LdiJ]

yes, it has happen, not often but sometimes the title co makes mistakes too.

As far as her credit being ruined, she ruined it ong time ago and has not make
any attempt to correct the situation, so this won't make much difference. I put auto
loans in my name only because of her credit,and she had 30 lates on payments for it,h
her new husband put a loan on a vehicle because of her credit. Judgements are listed in court since divorce.

To date, she has not even indicated to me that the loan was not approved, the title
would have caught the judgements as well so it probably wouldn't have been
approved until she settled those anyway.

I was not too attentive when she was handling the bills during our marriage and
didn't realize what she was doing, mortgage payments 3-90 day lates, auto loan 30 lates
and I never saw the delinquents in the mail because she was home and I guess I trusted her.
We will work this out someway, how would your reaction be when suddenly she was
going in to sign for refi and you suddenly found out "what" when no discussion was
every made that she was doing this.

My reaction would have been to initiate a discussion with her about it and to have negotiated a way to get my equity out of the refi.....My reaction would NOT have been to STOP the refi unless extensive research indicated that I could NOT get my equity by agreeing to the refi.

Again...you blew this one.....and you blew it because you didn't know what you were doing...which indicates that you don't have an attorney.

So....you either hire yourself an attorney, (which is the wisest thing to do) or you ask for advice BEFORE you blow the deal in the future.

 

[Bali Hai]

My reaction would have been to initiate a discussion with her about it and to have negotiated a way to get my equity out of the refi.....

That's not the advice you gave him earlier...you said he screwed up by not letting her refi...that's BS and you know it.

My reaction would NOT have been to STOP the refi unless extensive research indicated that I could NOT get my equity by agreeing to the refi.

And how is he going to get that??? Court order??? OP, read this womans previous posts regarding woman who are ordered by the court to make restitution.

Again...you blew this one.....and you blew it because you didn't know what you were doing...which indicates that you don't have an attorney.

So....you either hire yourself an attorney, (which is the wisest thing to do) or you ask for advice BEFORE you blow the deal in the future.

Blah Blah Blah.....Bottom line...Do not make a deal with a woman!!!

 

[Toyota]

Unfortunately you have to make some deals in a divorce. I gave her 2+ yrs to make
equity payments, every 6 months....to date nothing. If she had made an attempt
to make something it would look better for her and I would have accepted that.
Meanwhile, I'm renting, getting no equity because she has not paid me so that I
can purchase a home. She has had the privilege of 3 years equity in a home I still
half own, privilege of a tax write off and her lack of responsibility to the divorce.
Yes, I plan on getting a lawyer if I have to. I know if she would have gotten a refi
without my approval, she would have committed mortgage fraud and that would
have been a criminal act.
Yes, we should have talked, she was the one that initiated the loan, why didn't she come
to me and tell me instead of doing it behind my back.
So, time will tell what's next I guess.

 

[Bali Hai]

Unfortunately you have to make some deals in a divorce. I gave her 2+ yrs to make
equity payments, every 6 months....to date nothing. If she had made an attempt
to make something it would look better for her and I would have accepted that.
Meanwhile, I'm renting, getting no equity because she has not paid me so that I
can purchase a home. She has had the privilege of 3 years equity in a home I still
half own, privilege of a tax write off and her lack of responsibility to the divorce.
Yes, I plan on getting a lawyer if I have to. I know if she would have gotten a refi
without my approval, she would have committed mortgage fraud and that would
have been a criminal act.
Yes, we should have talked, she was the one that initiated the loan, why didn't she come
to me and tell me instead of doing it behind my back.
So, time will tell what's next I guess.

That's your guess. I can tell you what's next.

Practice bending over as far as you can and spreading your cheeks.

 

[Toyota]

I will accept your insult, let someone else answer by question and I will also
accept their answers, having more than just you with your opinions would be more
helpful