Sunday, August 22, 2010

I need some legal advice.?

Ok this is the situation. My mother has recently divorced, and in the divorce papers, it states that my mother gets the house. What it says is that the house is hers now, and that the ex husband in not responsible for any payments, and that she is responsible for all payments now. Here is the catch the home loan is in his name. Now of course that was apparent during the divorce, and when the agreement was made that the house would be hers. However, it was only going to stay in his name until she could get it into hers. Well she found a way to get it in her name through the VA (where the loan is from) Anyway now that he has word of this he has decided not to do his part and sign the papers needed to transfer everything over to her. The VA said she had to have his signature on the notarized document as well. . That cannot be true. There has to be some type of form we can fill out and take to the county clerk asking a judge to assist her in making him sign the papers per the divorce orderI need some legal advice.?
Unfortunately, there's very little she can do.





In order for it to get refinanced in just her name, he has to sign off since its in his name now. Even if its written in the divorce decree that he's supposed to sign it over, if he doesn't do it, you're looking at going back to court to force his hand.





Sorry :( Perhaps if they talked it out she could get him to agree. Good luck!I need some legal advice.?
Judges and lawyers have no clue in this area. I am NOT an attorney. I am a former real estate broker.





At this point, have her contact the court where the divorce was granted and ask the court for an order of ';specific performance'; which will require him to sign whatever papers are required. The order should include an order that he sign a ';Quit Claim Deed.'; The court should specify a certain number of days to comply or he will be held in contempt of court.





When all is done, get some new Title Insurance. Make sure they understand what you want, what you expect them to cover and why.





I do understand she cannot afford more attorney's fees. Personally I would be tempted to have the previous attorney handle this or face a filing against his ';Errors and Omissions'; insurance carrier.
Your mother would not need to pay a ';retaining fee'; for legal advice. She should consult an attorney for advice, for which she will pay a minimal fee.





She might also check for free legal advice in her area, especially being a single mom.
If the divorce decree give her the house, he HAS to sign off of it. Since he is refusing to, he is in contempt of court and her attorney will ask the court to make HIM pay her attorney fees. So he'll be ordered to sign the papers AND pay her lawyer.
No matter what happens, she needs to continue making the mortgage payments. The house is still hers and she has the judges order for that documentation. What she could consider is refinancing the house under her name. That would take him out of the line and provide her with needed credit history.

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