Foreclosure in Las Vegas>Question Details

theonlysport…, Home Owner in 89129

In my divorce, the house was granted to me. 3 years later she is hiring a lawyer to force me into a short sale. Is this even possible ?

Asked by theonlysportishockey, 89129 Tue Aug 21, 2012

There was no quit claims deed signed.

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Legally, within the United States, you can sue anyone for any reason at any time. It does not mean she'll win and it does not mean you cannot counter sue her for damages, such as undo stress, loss of wages from missing work, general time, and court costs, to name a few common damages. My advice to you is to not go cheap, research heavily, find a good attorney, and don't get married again. Good luck.


James Bellile
1 vote Thank Flag Link Tue Aug 21, 2012
What does your attorney have to say?

Who's name is on the deed? Are you current on the mortgage? Do you want to sell the home? Is it worth more than you owe?

If both names are on deed - no

Current on mtg and don't want to sell - no

Worth more than you owe - no

Any financial hardships (other than your ex) - no

Have the court enforce the divorce agreement and have deed conveyed to you - just my suggestion - check with your attorney
1 vote Thank Flag Link Tue Aug 21, 2012
Ouch, sounds like a difficult time for you. Definitely contact an attorney.

You can find out who exactly is on title here:…
0 votes Thank Flag Link Tue Aug 21, 2012
Thank you so much. I will for sure.
Flag Mon Sep 17, 2012
Good afternoon Tosih,

Disclosure time: I am not an attorney and this should not be considered legal advice. Always speak to your legal and tax advisor before taking action. This is only an opinion of the writer and may not be the opinion of the sponsors or advertisers.

First off, relax and look at what you have, or do not have. In the Divorce arena, talk is cheap and meaningless. Take a deep breath. The court order is all that is meaningful.

Take a good look at the Divorce decree. If you got the house, the title should have been changed by your divorce attorney when the divorce was finalized. I have found that most (yes most) attorneys fall short of this next to the last task after a divorce.
The person who owns the property is the name(s) on the deed as recorded in the County Recorder's Office in the county where the property is located. This has nothing to do with the mortgage responsibility. Look up the deed and see whose name is on it. That is the owner. Many times this information is available on the web or you can call the county recorder's office and ask who the legal owner is.

#1. If the divorce decree shows you get the house, tell the ex-wife to pound sand. Be nice and send her attorney the divorce decree after you tie him up for a few hundred hours costing her the hourly rate he charges.

The mortgage is another issue. The divorce decree should state if the owner of the property after the divorce must remove the other person's name off of the mortgage to free up their credit or this is not needed. This would be a court order to you if you were to take ownership of the property. I have found that most (yes most) attorneys fall short of this last task after a divorce. In the event that you were not ordered to remove her name off of the mortgage, see item 1 above. The only way the bank will get one of you off of the loan is to refinance it or sell the property. The mortgage company has 2 people on the note, they want as many people on the note as possible.
A refinance is not out of the question to remove one of the players off the note. Speak to your friendly Realtor with a "CDAT designation" about the HARP 2.0 and HARP 3.0 programs. Your Realtor will direct you to a loan officer that can assist you. That may assist you in removing her name and lowing your payments all in one swoop (if and only if you really, really do own the property after the divorce) at no cost to you. Your lender may also assist you if this is the avenue you want to travel.

If the divorce decree does not state explicitly that the house is yours, the problems increase by multitudes. The divorce decree will state what happens to the real property. You may be visiting your divorce attorney once again to settle the matter.

You may be able to enlist the assistance of a Realtor with the CDPE or CSP designations to determine the amount of funds that will be received by selling the property. Divide that figure in half, and pay her that amount to settle. If it is a short sale, the Sellers will receive no money from the sale of the property. Period. That is the rules of a short sale. Divide that in half and write her a check. I suggest you do not pay anybody to short sell your property. The Banks are paying the Real Estate professionals and attorneys if needed. There is no reason for you to pay anyone for providing this service to you.

If you do a short sale and there is a deficiency, she may be responsible for a portion or all of it if she forces the sale. Talk to your attorney about this issue. Since she does not live in the property, she may have a tax liability to the IRS for her portion of the forgiven deficiency if you do a short sale. Both of you need to chat with her tax advisors before anything is done.

Look at the questions posed by my colleague Louis. He is asking the correct questions. As you can tell, States have similar laws. The attorney can tell you specifically what plan to take. Remember to have fun in whatever you do.

Please let us know how you end up.

Disclosure 2 nd time: I am not an attorney and this should not be considered legal advice. Always speak to your legal and tax advisor before taking action. This is only an opinion of the writer and may not be the opinion of the sponsors or advertisers.

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0 votes Thank Flag Link Tue Aug 21, 2012
I'm not sure anyone can force you to short sell a property. This question won't have a cookie cutter answer. Since possession is 9/10 of the law, I would need to know who actually lives in the property, who is paying or no longer paying the mortgage, who was deemed responsible for the mortgage payment in the divorce decree? Is a short sale really in you and your ex best interest or does she have some shady attorney pushing her into it? I have handled many short sale transactions stemming from a divorce. You are welcome to give me a call and I could help you sort out of of these questions and point you in the right direction.
Take care,
Nichole LaVigne
Prudential Americana Group Realtors
702 544 4022
0 votes Thank Flag Link Tue Aug 21, 2012
I would contact your divorce attorney and have him/her enforce the divorce agreement.

If you were granted the home and you are current on the loan what does it matter to her... She needs to honor the court order which granted you the home..

Besides if you short sale you make no money from the sell. It all goes to the bank that is paid short.

It does not make sense..

Also, make sure that when you were granted the home that the property was quick claimed to just your name.

Good luck..
0 votes Thank Flag Link Tue Aug 21, 2012
This question is beyond any real estate professional, we do not know the dymanics of your divorce. It seems bizzare if the house is granted to you, why she would now have the right to force you sell. The best person to advice you is an attorney or better still go back to the attorney you hired for your divorce.
0 votes Thank Flag Link Tue Aug 21, 2012
You should consult with a local Real Estate Attorney. Here are a few recommendations if you don't have one already:

John Benedict

Carrie Hurtik

Lee Drizin

Please let me know if there is anything I can help you with, if you decide that you do need to list and short sale your property.

Warm Regards,
Bridgette Villamor , REALTOR
PulseRealtyGroup LLC
c. 702-203-9855 I o. 702-856-7400 I f. 702-974-1732
5510 S. Fort Apache Ste #13
Las Vegas, NV 89148
0 votes Thank Flag Link Tue Aug 21, 2012
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