I was divorced 3 years ago and she got the house. 30 days to file the quit claim deed(she did that

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August 10 2012 - US
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Profile picture for wetdawgs
You are right to  be working with your attorney.

What you describe is all too common, assuming that a court ordered action will take place related to refinancing post divorce.  In the cases I've heard about  the lenders don't seem to care, as long as one's name is on the loan the lender considers one responsible.

I hope your attorney can help you resolve this in your favor.

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August 11 2012
This is not advice as a Realtor® or an attorney but  from a previously divorced person.
You waited to long to make sure that she met therequirements of the divorce decree. I would have made sure at that 1 year mark she had refinanced the property to get my name off the mortgage. At that time if she had not we would have been back in court and if she was having trouble making the payments I would have had the court order a sale to protect me!
Hind site is 20/20 but now your credit is mesed up because she did not make the housr payments. The credit reporting system looks at the mess as you being on loan because he never refinanced it. The only court that held you harmless in this mess is domestic relations and you need to keep the place from forclosing if you can for your own credit.
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August 11 2012
Profile picture for user6434190
Thankyou, it cut short, I must have used wrong format.
So... divorced 3 years now and she got house.  She filed the quit claim on schedule but did not have me removed from mortgage contract within the year as was court ordered. I cannot get her or her attorney to act on the matter. when divorce finalized I dipped into my retirement at a substantial cost to bring the mortgage current as I had not been living in the home for some time. this is all documented. Courts held me harmless of all future debt or legal issues regarding the house.  If i must return to court, (all at her expense, according to seperation agreement) Will I find any satisfaction, since she is now $40,000 in arears and attempting to short sale the home to avoid forclosure?
Mind you...I spent 3 years spending down debt and climbing out of a financial mess, and I may have stayed clueless about this longer until I applied for a car loan a few months ago, only to be denied because the house I owned is going into forclosure.
I had hoped to convince her to follow the land separation agreement without going back to court, but she refuses.  She deferred me to her atty. He refuses to discuss the matter with me and I can understand that. Wouldn't my agreement with her from 3 years prior take precedent and not have me locked into her legal mess. As her atty has told me, it is acomplicated sale process. Duh! She filed the quit claim 3 years ago, but still not removed me the the contract with Citi Mortg. Why would she or her atty want me named on that old contract still...other than to drag me down over a personal matter??
 
any advice?  I have messages into my attorney but not heard back.  This is horribly impacting my credit still.  If I am removed in time from the contract can I hope for a back dating process according to the court order not having been followed.  And if I cannot, Might I be able to seek damages?
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August 10 2012
Profile picture for wetdawgs
It appears that your question was cut short.   Do you wish to expand?  If so, click on "post reply"
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August 10 2012
 

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