Texas. I share title and mortgage on a home I occupy and have paid everything on for the past 3 years with a man who has not occupied, nor paid a cent towards the property during the same three years. In 2005, he exempt the property in his ch 7 bk. He did not sign a reaffirmation agreement and promptly abandoned the property both physically and financially. His ch 7 was discharged in Sept 06. WAMU holds the mortgage and still shows home in bankruptcy status, and is waiting on the trustee to send the formal discharge and no asset/abandonment papers before they remove it from bk status.
I wish to refi the home and get title in my name alone, as each year debtor continues to claim same for homestead exemption deductions on his taxes and also claims the mortgage interest as a deduction. In addition, and just to cause me aggravation, he changes the address and contact parties on the mortgage account and with the tax acccessor's office on throughout the year.
The debtor will not sign the property over unless I give him 20k. WAMU has suggested I retain a lawyer to sue the debtor for "specific performance", and ask the court to grant me the property. Is this a possible remedy?
Thanks......
I wish to refi the home and get title in my name alone, as each year debtor continues to claim same for homestead exemption deductions on his taxes and also claims the mortgage interest as a deduction. In addition, and just to cause me aggravation, he changes the address and contact parties on the mortgage account and with the tax acccessor's office on throughout the year.
The debtor will not sign the property over unless I give him 20k. WAMU has suggested I retain a lawyer to sue the debtor for "specific performance", and ask the court to grant me the property. Is this a possible remedy?
Thanks......