Force name off deed/mortgage/loan post-divorce where house awarded to other party?

[Terry1234]

What is the name of your state (only U.S. law)? WA

Couple divorced a few years ago, husband got the (then underwater) house in the decree with no stipulations attached on what to do with it (no order to re-fi or sell).

Eventually he did a HAMP modification via the lender using his own documented finances; her input or signature was not required on those docs. He's been paying her alimony/child support and the modded mortgage fully. She is, however, still on the loan/deed/mortgage because it was not a re-fi or sale. She wants off and threatens the vague 'legal action'.

Question: Does she have any legal recourse to sue to be removed from the loan/deed/mortgage, 'forcing' an unviable re-fi which would fail? Is she stuck? If he wants to ride out the MOD against her wishes, can he? Thank you -

 

[FlyingRon]

If the court ordered him to remove her from the loan, she can go back to the court and try for a contempt.
If there was no such order, then she can try to get such an order, but there's no guarantee she will get one at this point.
Off the deed is easy, all she has to do is quit claim it to him.
Off the mortgage, not so easy. The divorce has no bearing on her obligation to the bank she agreed to back when they took out the loan.

 

[Bali Hai]

What is the name of your state (only U.S. law)? WA

Couple divorced a few years ago, husband got the (then underwater) house in the decree with no stipulations attached on what to do with it (no order to re-fi or sell).

Eventually he did a HAMP modification via the lender using his own documented finances; her input or signature was not required on those docs. He's been paying her alimony/child support and the modded mortgage fully. She is, however, still on the loan/deed/mortgage because it was not a re-fi or sale. She wants off and threatens the vague 'legal action'.

Question: Does she have any legal recourse to sue to be removed from the loan/deed/mortgage, 'forcing' an unviable re-fi which would fail? Is she stuck? If he wants to ride out the MOD against her wishes, can he? Thank you -

The husband would likely be able to re-fi if he wasn't paying her alimony. Tell her to think about that as she stops at the hair dresser on her way to the bank to cash that alimony check.

She can stomp her feet and threaten legal action all she wants. It's time for her to grow up.

 

[justalayman]

http://apps.leg.wa.gov/rcw/default.aspx?cite=7.52


she can force the issue.