How to enforce divorce decree to remove name from mortgage?
by Mortgage Rates on Wednesday, October 27th, 2010 | 7 Comments
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Well, yes, she is violating an order. He needs to contact his lawyer immediately.
Sounds like she has defied the court’s order and unfortunately the only way to get her to obey is to go back to court so the judge can find her in contempt and give her a penalty that will “convince” her to act on his order.
Your bf should contact his attorney immediately so he can start the process.
All he has to do is contact his attorney and let him/her know that she has violated a court order and ruining his credit in the meantime. If she can’t abide by the court order, they will modify it to new specifications. Make sure he calls soon, cause the further in debt she gets, the worse his credit is going to be and I’m thinking maybe she is doing it on purpose.
If she was awarded the house in the divorce all he has to do is file for a quick claim deed and have his name removed from the mortgage You can do this at the court house or have a lawyer do it for you good uck
Why doesn’t he sent a letter to the legal department of the mortgage company with a certified copy of the divorce decree & Judgement entry via certified mail…..
Also tell him to cc the county recorder’s office.
My sister in law is going through something really similar. The house was deeded to her but he has to pay the payments. He pays late every month which is ruining her credit. He stopped paying on her vehicle also which he was suppose to pay for and she had to go back to her lawyer and he finally made those payments. Unfortunately there is nothing you can do other than go back and see your lawyer. Not fair but you are not the only person going through this.
The only way to get your bf’s name off the mortgage is to refinance. If she doesn’t qualify for refinancing a court can’t order the bank to give her money. Your bf will be wasting his time and money to get a court to order her to put the house on the market right now, we are in a terrible market, nothing is selling. He probably should talk to a lawyer to find out if there’s anything he can do in the event the house goes into foreclosure since his name is on the mortgage.