Removing Name from Mortgage and HELOC

[Stonesour69]

What is the name of your state? Oregon.

Greetings. My exhusband was awarded the marital home and the HELOC 5 years ago. He hasn’t refinanced either to remove my name. The Final Judgement doesn’t give a date or say anything about removing my name. I sent a letter to his attorney giving him 30 days to remove my name from both the mortgage and the HELOC and the 30 days are up. What do I do now?

 

[PayrollHRGuy]

If the court never ordered such a change you need to head back to court.

 

[FlyingRon]

If the court never ordered such a change you need to head back to court.

And even if they did.

 

[Stonesour69]

If the court never ordered such a change you need to head back to court.

Do I file a Motion to Compel?

 

[adjusterjack]

Do I file a Motion to Compel?

That might help if he can qualify for a new loan. Understand that nobody gets "taken off" loans. The loans have to be refinanced and new loans written without your name on them.

No power on earth can compel him to refinance if he can't qualify for new loans.

What you can do is seek to have the court order the sale of the property.

Are you still on the deed?

 

[FlyingRon]

You can't "compel" someone if they aren't required by the existing order to do something. You should run the existing order by an attorney to determine the next move.

AJ points out the practical matter on the refi.

 

[Stonesour69]

You can't "compel" someone if they aren't required by the existing order to do something. You should run the existing order by an attorney to determine the next move.

AJ points out the practical matter on the refi.

I went to the County Appraisals Office and my name isn’t there. The ex will be able to refinance. He’s gone on multiple trips and bought 2 new trucks in the past 5 years. It looks like I have to do a Motion to Modify the Final Judgement.

 

[LdiJ]

I went to the County Appraisals Office and my name isn’t there. The ex will be able to refinance. He’s gone on multiple trips and bought 2 new trucks in the past 5 years. It looks like I have to do a Motion to Modify the Final Judgement.

Get an attorney on board. If you couldn't make it stick 5 years ago you are not going to make it stick now without an attorney on board.

 

[Stonesour69]

Get an attorney on board. If you couldn't make it stick 5 years ago you are not going to make it stick now without an attorney on board.

Thank You for all of the replies.

 

[HighwayMan]

The ex will be able to refinance.

That's your guess. How does the number of vacations he's been on have relevance to his credit and ability to get a mortgage?

 

[Stonesour69]

That's your guess. How does the number of vacations he's been on have relevance to his credit and ability to get a mortgage?

That’s an excellent question. It has no bearing on his credit or ability to refinance. He does have a 6 figure salary and a history of paying his credit card off in full every month as well as paying his bills on time. I was married to him for 21 years. A zebra doesn’t change its strips.

 

[LdiJ]

That’s an excellent question. It has no bearing on his credit or ability to refinance. He does have a 6 figure salary and a history of paying his credit card off in full every month as well as paying his bills on time. I was married to him for 21 years. A zebra doesn’t change its strips.

Then the odds are in his favor that he can refinance.