ex wife will not refinance to get my name off the mortgage

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Latest post 02-09-2011 11:05 PM by Drew. 12 replies.
  • 02-09-2011 3:54 PM

    ex wife will not refinance to get my name off the mortgage

    What are my options if my ex will not refinance to get my name off the mortgage?  I am still listed on her house and her car.  This debt is causing me problems with approval for a new home mortgage as my debt/income ratio is too high to qualify for what i need.  Any advice?  Thanks in advance.

  • 02-09-2011 4:00 PM In reply to

    Re: ex wife will not refinance to get my name off the mortga...

    Did the court order her to refinance?

  • 02-09-2011 4:00 PM In reply to

    Re: ex wife will not refinance to get my name off the mortgage

    Was she ordered to in the divorce?  Even if she was, the judge cannot order any lender to refinance her if she does not qualify.

     

     

  • 02-09-2011 4:01 PM In reply to

    Re: ex wife will not refinance to get my name off the mortga...

    No, but a court could order the property sold.

  • 02-09-2011 4:04 PM In reply to

    Re: ex wife will not refinance to get my name off the mortgage

    Are you still on the deed or did you quitclaim the house to her?

    Are you still on the car title or did you sign the title over to her?

    What does your divorce decree say (specifically) about the house and the car? Don't "think" you know what it says. Read it and quote it.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 02-09-2011 6:58 PM In reply to

    Re: ex wife will not refinance to get my name off the mortgage

    This is easy.  I would take her to court.

    Please understand, you are likely in for at least $1000 with your laywer for showing up

    I would fight so hard you cannot believe if I were you!

    Get your name off of of that mortgage is my huge advice, and I would spend several 1000 $ to do it and be sure of it!

    just my opinion

     

  • 02-09-2011 7:28 PM In reply to

    Re: ex wife will not refinance to get my name off the mortgage

    Refuses to refinance or has been unable to (as in she does not qualify)? Are the payments being made on time? While a judge could order the property sold, it is less likely if she is paying the payments on time and has made an effort to refinance. 

  • 02-09-2011 9:47 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
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    Re: ex wife will not refinance to get my name off the mortgage

    1. Unless you provide us with a response as to exactly what the court ordered her to do, if anything, then everyone here is flying blind.

     

    2. No matter what the court order said, if it is actually impossible, not just inconvenient,  for her to do whatever then it won't get done--at least not that way.



  • 02-09-2011 9:49 PM In reply to

    Re: ex wife will not refinance to get my name off the mortgage

    I signed a quit claim deed for the house. 

    "Wife shall take reasonable steps to refinance the home as soon as possible."  this is what the divorce decree says

    She qualifies to refinance the house, but with the current situation it will cost her 16k at closing to refinance and she refuses to do that.

    She also has her BF and his two sons living with her.  It is his primary residence.  I don't know if that changes anything on my end.

    I don't have 1000's of dollars to pay a lawyer and take her back to court.

    Hope this helps, and thanks for all the responses so far.

  • 02-09-2011 10:03 PM In reply to

    Re: ex wife will not refinance to get my name off the mortgage

    bscott0702:

    I signed a quit claim deed for the house. 

    A common mistake that we see here a lot. Gives you Zero leverage.

    bscott0702:

    "Wife shall take reasonable steps to refinance the home as soon as possible."  this is what the divorce decree says

    Another big mistake not putting a time limit. Now you have no leverage at all. Reasonable is in the eye of the beholder. So is as soon as possible. The combination is the same as saying she doesn't have to do it at all.

    bscott0702:

    She qualifies to refinance the house, but with the current situation it will cost her 16k at closing to refinance and she refuses to do that.

    No judge is going to make her cough up $16000 to refinance.

    bscott0702:

    She also has her BF and his two sons living with her.  It is his primary residence.  I don't know if that changes anything on my end.

    Doesn't. It's her house. You don't get any say as to who she let's live there.

    bscott0702:

    I don't have 1000's of dollars to pay a lawyer and take her back to court.

    Probably wouldn't help to take her back to court anyway, given the practically unenforceable terms of the decree.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 02-09-2011 10:28 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,498

    Re: ex wife will not refinance to get my name off the mortgage

     

    How long ago was she ordered to do this---- ?

    I think you have a problem but not an insurmountable problem .

    "Wife shall take reasonable steps to refinance the home as soon as possible."

    There may be some debate as to what that precisely means---but it sure reads like get it done soon---and you can ask court to determine what is "soon" --and I'd start by thinking 90-120 days is long enough to have moved it done absent impossibility.

    My guess there are multiple such cases--people seem unwise in large numbers--so onecan probably do a data base search in you state as to what similar courts have held to be "reasonable" and what kind of cures were entertained.

    To me a $16,000 refi cost is not impossible  and if you can prove she got approved  but turned down  a refi you may be able to make her dance--court maynot be amused with her. And if she failed to make  3-4 application with correct data etc court may not be amused either.

    You can always seek sanctions/costs-not sure if  you'll get them..but if she comes in with an attitude of she won't refinance because of some cost which if not at all impossible the court could hold her in contempt or put her on an ultra short leash --odds are they will gicve her one more try --but unless you have good counsel and the one more try is very carefully worded as is the default  step if she fails you'll be posting back here all to soon again.

    You are probably lucky in a way--it seems she is able to refinance --the real problem is when folks are totally unable to get financing.

    Lest your EX posture herself as unable to get financing--part of your preparation need to be  to compel production of all the applications she made as well as her last several tax returns and anything else you counsel thinks might be useful relative to her ability to refinance or to discredit her with her own words. And me, I'd want tax returns and recent pay stubs for all adults residing at the home and name each of them 

    My guess is she is not about to refinance as she knows it grind you for her to not get it done and it probably gives her pleasure to know you are hanging in the wind as accountable to pay if she drops the ball.she gets a free ride on your credit.

    Did you have counsel or did you do this financially unwise  move all by yourself--I mean really-to give her the deed before she got it refinance is about as sophomoric as it gets .  .



  • 02-09-2011 10:40 PM In reply to

    Re: ex wife will not refinance to get my name off the mortgage

    I really appreciate all the helpful comments.  I could do without the reminder of what a moron i was to trust [her].  I just checked and I don't think I ever turned over the quit claim deed.  Does that change things?

     

    I did this without counsel and am obviously paying the price for that as well.

  • 02-09-2011 11:05 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,498

    Re: ex wife will not refinance to get my name off the mortgage

    Well if you didn't turn over the deed you may have some street leverage--just for the safety of it--see what is recorded as to this property. And keep your yap shut.

    In a convoluted way you might be ahead  if its still titled  jwros and she gets run over by beer truck--you take it all.

    But in some states it easy to convert a jwros to a tic and in a few others I think the conversion is automatic upon divorce.

    Ideally if you still hold deed you want her to get worried and want to get deed in return for her getting the finance under control  but just how to play the card sort of depends on the needs and motivations and poker skills of the two parties in addition to what the textbook answer may be.  You probably want a seasoned divorce attorney s paid session as to possible card plays.



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