When going thru a divorce, there was a quit claim deed signed and put into effect by my ex wife. I was made sole owner of said property. I recvd a letter today after 5 yrs from an attorney, indicating that I have to refinance the home in question, because she is still linked to the loan. Can I be forced to refi just to have her name taken off of this. I have a very low interest rate, and I fear losing that if a refi were to take place. Plz help ASAP. Thank u.
2 Answers from Attorneys
The choice may be yours. You can either take the steps tpo get her name off of the loon (refinance is one way) or risk the Quit claim deed being set aside. At which time, she could force the property to be sold, and the proceed split in accordance with the property division portion of your divorce decree. But, it could be that your decree says that you get the house and the debt that goes with it, with no order to refinance the loan. That means her lawyer did a poor job, and she cannot directly force you to refinance. But, she can use the debt division along with a statement that she has no intention to pay anything on the debt, to force your lender to accelerate your loan. That may be cause to refinance your loan.
It may be in your best interest to hire a lawyer for the limited purpose of dealing with the lingering debt issue. Perhaps they can discover Why she wants you to refinance, Presumably it is because how it is effecting her credit. Yoiurs is not a unique situation. Perhaps your lawyer can convince your lender to eleminateor release your ex spouse from the note.
As usual, the response from Mr. Smith is very good. Just to clarify a bit, you should read the Judgment entered very carefully to see if it requires you to refinance. If so, you may be held in contempt for refusing to do so if you are reasonably able to do so. If not, then there may very well be other legal issues as suggested by Mr. Smith.