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House Hunter, Home Buyer in Fort Worth, TX

Can anyone recommend a Real Estate Attorney, that specializes in divorce issues on Real Estate?

Asked by House Hunter, Fort Worth, TX Sat Jul 4, 2009

I am divorced many years, gave the house to my ex in the divorce settlement. He could not afford to refinance or buy me out, and I believe that I signed a Quitclaim - and the Judge decreed I had no financial obligation to the house from that day forward. Now I am being told I am still on mortgage and he is possibly going to be foreclosed on. I need some guidance! Can anyone recommend a good Real Estate attorney or suggestions?

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It sounds like you're still on the hook for the note. You said he couldn't refinance, so it's still the loan that you were on, correct? Unfortunately, people don't realize quitclaim is for title only, not the attached mortgage.

I'm sorry this has happened to you, but you may need more than just a real estate attorney. If the judge says a party is not obligated to a debt, it doesn't mean the creditor agrees. If there are any tax balances or other debts, you need to check on those as well. The IRS does not release a party from a tax debt because a judge says so. Many other credit card companies and banks won't either.

I'd go back to your original attorney (who doesn't sound very good) and see if he or she can quickly assist you at no cost. This issue should have been addressed during the divorce proceedings. I actually had a listing recently because the judge ordered the home to be sold since neither party could refinance or pay the other party.

I would also call the mortgage company and explain what happened as well as provide the divorce decree. They almost positively won't remove your liability, but they may allow you to make arrangements and not let this affect your credit score.

Best of luck to you. AND BE ADVISED I AM NOT AN ATTORNEY, just sharing what I have seen to be true.
0 votes Thank Flag Link Sat Jul 4, 2009
1st you need to find out if your name is still on the deed. If you have a court order stating that you reliquished your rights you should be OK. If not you may still be on the hook. Either case you need legal assistance. My service will allow you free consultations & 25% off your legal fee
0 votes Thank Flag Link Sat Jul 4, 2009
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