Tuesday, July 27, 2010

LEGAL ADVICE NEEDED please!!!?

Ok this is the situation. My mother has recently divorced, and in the divorce papers, it states that my mother gets the house. What is says is that 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 order.LEGAL ADVICE NEEDED please!!!?
She should not have to pay anything for the house until he signs his name off. However, even if he is paying for it, he would have no legal access to it, per the court order. So she could pretty much screw his credit (unless he keeps paying for it, in which case, it's almost like a win-win situation). The only problem would come when she tried to sell it, she would have to have the paperwork in her name. She has no obligation to pay on his loan if he refuses to sign the paperwork over to her.


Also, she wouldn't need a lawyer to take him to court, it would just be a waste of money. If she searches the internet or goes down to the courthouse, she could find out all of the paperwork she would need to submit, for a lot less than a lawyer would do it.





Then she would just explain what happened to the judge, complete with her copy of the notarized letter that he refused to sign. (Make sure she has a copy of everything). She or the loan officer might want to even send him a certified letter requesting his signature. This would provide proof that at least he received the letter and knew what his obligation was.LEGAL ADVICE NEEDED please!!!?
try going to a legal aid department....almost all towns have them...they can give you the proper forms and any advice on how to fill them out. her ex is in violation of a court order... he can be arrested.


oh and by the way ...legal aid is free.





*edit*


james j sounds like he knows a hell of a lot more than i do and it sounds pretty dead on so check out what he is saying.
You can get free legal advice on websites like LawGuru, FindLaw. Check this out for more info http://www.uelp.org/freelegal.html

No comments:

Post a Comment