California  |  Real Estate Law

Legal Question

Asked on: 10/23/13, 12:25 pm

I bought a home in 2009 with my wife, since we divorced and I have moved out of state and she has continued to keep the home occupied with tenants, collecting rent and paying the mortgage. Our names are on both the deed and mortgage. Because of an oversight in the HOA dues, a lien was placed on the property and now a foreclosure has started. I do not want a foreclosure on my record. She does not care. I suggested that I pay the overdue balance and get the lien released and then we sell the property ASAP. Currently there are tenants in the home for the next 9 months. She would rather it go into foreclosure then see me get any money out of the deal once the home is sold. I guess I need to know my options. I know a quit claim will not release me from the mortgage and I assume a partition agreement will not either. I don't trust her to keep the mortgage in good standing, is my only option a refinance to take my name off the mortgage and then sign a quit claim?

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