Ex Wife is failing to Take name off Mortgage

[tyandi]

What is the name of your state? NC
My ex wife is in contempt of court because she has failed to re-finance the house into her name and remove my name from any and all liability. She is two months over due. I am trying to buy a house, but cannot get pre approved because she has not done so. I have since talked to my attorney, but the only thing that can be done is I take her to court? Do I have any other recourse? Right now that mortgage is only $47K, so could I still get a mortgage on my own? She has been paying this mortgage for 1 1/2 years now, and I have deeded the house to her per the courts judgement.

She seems to be holding this over my head? What can I do????

 

[Just Blue]

What is the name of your state? NC
My ex wife is in contempt of court because she has failed to re-finance the house into her name and remove my name from any and all liability. She is two months over due. I am trying to buy a house, but cannot get pre approved because she has not done so. I have since talked to my attorney, but the only thing that can be done is I take her to court? Do I have any other recourse? Right now that mortgage is only $47K, so could I still get a mortgage on my own? She has been paying this mortgage for 1 1/2 years now, and I have deeded the house to her per the courts judgement.

She seems to be holding this over my head? What can I do????

You need to have a Contempt hearing...by deeding the house over BEFORE the refi you took away her incentive to refi in a timely mannar...The Quit Claim should have been signed at the closing on the refi...

 

[tyandi]

I know

What if we have another hearing, and she decides to take her time again? Can I sue her for legal fees from having to take her back to court?

 

[Ohiogal]

What if we have another hearing, and she decides to take her time again? Can I sue her for legal fees from having to take her back to court?

Yes ***************************

 

[seniorjudge]

What if we have another hearing, and she decides to take her time again? Can I sue her for legal fees from having to take her back to court?

Remember that you are liable till the thing gets refinanced.

Make sure the payments are up to date or you could have adverse credit reports.

 

[tyandi]

Thats what I understaND

Even though there was a court order, signed by the judge, I still got a phone call from the mortgage company expecting me to make a payment because she was late. I don't understand why I had to give her the deed before she had this re-financed?

There is something wrong..

 

[LdiJ]

Even though there was a court order, signed by the judge, I still got a phone call from the mortgage company expecting me to make a payment because she was late. I don't understand why I had to give her the deed before she had this re-financed?

There is something wrong..

You shouldn't have had to give her the deed before it was refinanced.

Please understand that the mortgage company is not a party to your divorce. The mortgage company is bound only be the original loan agreement that you signed. Therefore, legally you are responsible for the mortgage until the home is refinanced. The court can't take that away, the court can only make your ex responsible for paying you back. The court also can't repair the damage to your credit if the payments are not made on time.

 

[Just Blue]

Even though there was a court order, signed by the judge, I still got a phone call from the mortgage company expecting me to make a payment because she was late. I don't understand why I had to give her the deed before she had this re-financed?
There is something wrong..

No...You should have signed the Quit Claim AT THE TIME OF THE REFINANCE. But that is a moot point now. Have your lawyer file a Contempt Complaint with the court and get this done before she destroys your credit. Also request that she pay attorney's fees.