Name on financing, not on house papers

[jennerina]

I still have it on my screen...maybe the link went over wrong...I don't know. I'm still looking at it.

Sorry for all the confusion..I appreciate your patience with me.

 

[BelizeBreeze]

The North Carolina General Warranty Deed was filed April 24, 2000 with the Cumberland County Recorder of Deeds...

The deed was made April 4, 2000

It can be found in Book 5261 on Page 0620.

The grantors were Dale Preston and wife Janette S.
The grantees were Jeffery A and Jennifer A.

Being all of Lot No. 5, Block "K", Addition to Cumberland Heights, according to a plat of same duely recorded in Book of Plats Book 12, Page 40, Cumberland County Registry, North Carolina.

Now that you know what to look for, go get it Monday.

 

[jennerina]

You've certainly given more than 1 finger and that I appreciate. Will go digging on Monday morning and see what I come out with. Will be in touch.


Thank you, Jennifer

 

[BelizeBreeze]

You've certainly given more than 1 finger and that I appreciate. Will go digging on Monday morning and see what I come out with. Will be in touch.


Thank you, Jennifer

You're welcome

 

[jennerina]

Hello again,

Well I found out. I have in front of the me the documentation. What a headache. There was never an actual filing for divorce, yet a court date for child support and ED. In those papers it states that he (dear ol' hubby) is....
"Shall receive as his sole and separate property that certain house and lot located at ...........fayetteville NC 28303 and shall be responsible for the mortgage. That the defendant shall execute a quitclaim deed upon presentment to transfer and convey her interest in said property to the plaintiff or the Clerk of Superious Court of Cumberland cnty, NC may execute such a deed in her stead."

There is also I assume the "quitclaim" that is showing my name as the Grantor and Jeffrey as the Grantee and is dated November 12th, 2003. So it looks like it IS official and my name is removed from the house as of November 2003. Signed not by myself, but a Clerk of the Superior Court and noted.

I have called the bank again to verify how I can have my name removed to which I was told They do not honor divorce decrees, etc. That although my seperation papers say HE is to be responsible for the mortgage, the only way to have my name removed from those mortgage documents is that HE refinances or assumes the loan. To which because of 4-5 late payments this year alone and previous bankruptcy, he is not eligible.

*SIGH*....now what?

Thanks kindly,
Jennifer

 

[BelizeBreeze]

Now you sue his ass for contempt and petition to amend the previous order to quit-claim you the home within 30 days if the mortgage is not out of your name and/or refinanced.

 

[jennerina]

Hi there,

So he is in contempt for not taking over the mortgage? Are you in NC or know of an attorney here that you would recommend?

So this means there is no fighting it, I have to get a lawyer? I was so afraid of that. But I can't have him ruining my credit even further. *SIGH*

Jennifer

 

[BelizeBreeze]

Hi there,

So he is in contempt for not taking over the mortgage? Are you in NC or know of an attorney here that you would recommend?

So this means there is no fighting it, I have to get a lawyer? I was so afraid of that. But I can't have him ruining my credit even further. *SIGH*

Jennifer

I'm not in North Carolina but you can click on the link "want to find the right lawyer?" above and see if there is one near you.

When you sue him for contempt, ask for costs and legal fees. And when you speak with the attorney about this, ask if you can file an emergency injunction against the mortgage company from coming after you until the matter is settled.

 

[jennerina]

Ok, Thank you very much! I certainly appreciate your help and advice on all of this. I will see what I can do.

Thank you, Thank you very much!
Jennifer

 

[BelizeBreeze]

Ok, Thank you very much! I certainly appreciate your help and advice on all of this. I will see what I can do.

Thank you, Thank you very much!
Jennifer

Let us know.

 

[jennerina]

Will do. Thank you. I have a 2:00 appointment with an attorney for tomorrow. I explained to them what happened and asked me if the papers specifically say "he is to refinance" or simply state, he is to be responsible for the mortgage? Which may alleviate to sue for contempt, I don't know I assume is why they pointed that out.

I hope to have this settled quickly. However menial it may seem, it was surely a milestone for me.

Thanks again, I will keep you posted.
Jennifer

 

[HomeGuru]

I want to hear a happy ending...........

 

[jennerina]

I'm crossing my fingers here. Hoping this lawyer isn't gonna take my arm and leg...I can afford to lose one, but not both. I shall let you know.

Thanks, Jennifer

 

[BelizeBreeze]

I want to hear a happy ending...........

D.I.T.T.O!!!!

 

[jennerina]

Strike one:

Attorney says "I'm stuck". I will be continue be held liable. That I could go through reopen the case, and the judge is likely to keep it the way it is BECAUSE, the papers say he is responsible for the mortgage. NOT that he had to refinance. Secondly, that is he is making the payments, just not timely. Is that not irresponsible? To be late? UNLESS I can prove that his being tardy IS affecting my credit. Because companies do not disclose EXACTLY why they turned down credit to me, and if they did, how I would I get proof? The fact that I filed bankruptcy before COULD be sole purpose which would not make the judge change her mind.

This is heartbreaking. Not only did I get the poopystick throughout this whole ordeal, but I'm still stuck with him ruining my credit just because he can't pay timely?

I showed him the papers of the court order, he questioned about my so called lawyer from Legal Aid and said she "should have explained to you what was going to happen". So my fault was definitely walking out of the courtroom. He said I could go pull the transcripts to show that I had indeed asked for time to find a new attorney. And said they will let you know how much you will have to pay etc. And gave me that look...

He seems to think the judge that handled the case, doesn't often "change" her train of thought. So basically I am still left being responsible for paying for a house a will never own.....


Keep trying? Find a lawyer that will do it? This one certainly had no interest, nor did he sound confident spending the money to fight it would be worth it. I just don't see how they can hold me responsible still.

Thank goodness its only a 15 year mortgage. (I know, I sound as though I already gave up). I felt really confident SOMETHING was going to work out my way. *SIGH*

Frustrated!

Jennifer