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Note on a Deed

I was divorced from my wife in 1990. I received a quit-claim deed for the house. I did not receive a copy of the note with the quit-claim deed, which was for $50,000. I made weekly payments to her for $90 starting July 14, 1990, and a check for $20,090 was issued to her on December 26, 1990, per the note, with the $90 payments continuing after that until July 1, 1995. (I paid ahead of time, which was permitted in the note). I never had the note removed because I was not aware of it being on the deed. I want to have the note removed, so I went to my attorney, and told him that I have all the canceled checks for 1991-1995, but cannot find the checks for 1990. The missing checks total $22,250. I have the check register showing that the checks were issued in 1990, with the routing number, account number, check numbers, and the amount of each check. I went to the bank to try to get copies of the missing checks, but the representative told me that they destroy records beyond seven years. When I asked my attorney about signing an affidavit stating that I paid the note off in full, he said, "but you don't have the canceled checks". He mailed my ex-wife, who lives in PA, a release form to sign, but what happens if she doesn't sign it? I want to sell my house after I prepare it for sale. I have a sinking feeling that my ex has something to do with the missing checks, but I'll leave the details out.
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October 10 2012 - Meriden
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Answers (1)

This is an attorney question so I'm not offering legal advice.

Sounds like you may have to do a quiet title suit to clear it unless you can get your x to cooperate. The quiet title would require your wife to cooperate or perjure. Cooperation is the cheapest way out. I think the quiet title is typically $7k

If you filed taxes in 1990 claiming the interest deduction and she claimed the income, there you go. If not, this might be a tough one.
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October 10 2012
 
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