Legal Question in Real Estate Law in Georgia

I owned a home in FLA and it foreclosed on 4-5 years ago, but unfortunately there was an additional loan on the home through my mortgage company that has been sitting on my credit. I'm currently in the process of doing a "short sale" payoff to take care of this second loan. Unfortunately my ex-fiancÚ is not willing to sign the payoff agreement. He feels he doesn't have to sign anything because he declared bankruptcy 4 years ago. I can't pay off this loan without his signature so my mortgage company told me I could do a quit claim deed since he refuses to sign. I don't know the next steps from here? Do I need to get a quit claim deed lawyer or can I do this process online at all? Thanks

Asked on 7/25/13, 9:28 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office

Your next step is to do what you should have done 4-5 years ago when he bankrupted and the house foreclosed- hire a lawyer. No, there is nothing you can do online, and a quitclaim deed does not solve your problem. A short sale is impossible without all the owners, and even if he was willing to consent, short sales can create huge problems for you, so do not attempt one without counsel.

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Answered on 7/25/13, 9:36 am


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