Foreclosure in Las Vegas>Question Details

michele_bmrhc, Renter in Las Vegas, NV

divorced 4 years.he got house.its in foreclosure.what can i do about this?how do i get off this note?

Asked by michele_bmrhc, Las Vegas, NV Tue Jul 16, 2013

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Your divorce decree would stipulate if one of you is required to do something to remove the other, but it may not be addressed. The Note and the Deed are two different pieces. To remove you from title it is a simple Quit Claim Deed recorded at the County Recorder. Keep in mind: removing you from the deed DOES NOT release you from the mortgage debt or liability. To be removed drom the note, you have two options: Refinance or Sell. If he has the house then he would need to do the refinance (he would need to personal qualify with credit and income for the loan and the property not be upside down) or he would have to sell to remove you from the mortgage.

I would be happy to discuss this further if you need, please feel free to call me with any questions.

Mary Preheim
702-9900-6279
mary@marypreheimgroup.com
1 vote Thank Flag Link Thu Jul 18, 2013
I am dealing with this yet again with clients of mine. I wish someone would inform the judges who grant the divorces would inform them that what they order in court doesn't hold any weight with the mortgage holder. The home owners are being led to believe that they are off the hook when in fact they are not.

In a short sale situation it is important that your agent sends a copy of your divorce decree along with the full package to the lender when applying for a short sale as it may carry some weight on their final decision, but most often it doesn't.

Get the home on the market and apply for a short sale and work with your lender and your ex to get it sold before foreclosure becomes final. Hopefully, it's not too late for that.
0 votes Thank Flag Link Tue Jul 23, 2013
Hi Michelle

I went thru this same situation last year.

1. Did you quick claim the deed over to him.?
2 Did he recorded the deed.?
3. Go to the lender and present these documents
and have them remove your name fro the mortgage

Hope this helps

If I can be of further assistance and answer
Any of your other questions please contact me

Thanks
Jimmy Balsano
Realty One Group
702-281-2225
Fax 1-866-371-8421
Email: jimbalsano@gmail.com
CERTIFIED FOORECLOSURE ALTERNATIVES CONSULTANT (CFAC)
REO-BPO CERTIFIED

I KNOW LAS VEGAS AND HAVE FOR OVER 40 YEARS
http://www.jimmybalsano.com
http://www.salestraq.com/las_vegas/newhomesearch/index.cfm?id=4780(New Homes
0 votes Thank Flag Link Tue Jul 23, 2013
Michele, for starters I would call a title company. When you divorced, did you go through any procedures to reconstruct the names on the deed??? If you did, then you had to use a title company.

Your next option would be to contact the county clerk's office and ask their opinion. Ask them if you went to their office "In person" and showed them your divorce decree whereby he got the house, could they change the name on the deed to just his name.

Lastly, contact your divorce attorney and ask him to kindly help you asap to get your name off the deed!

Good Luck. Becky
0 votes Thank Flag Link Wed Jul 17, 2013
I could help you both do a short sale on it , I can show you a few options you have. as far as taking your name off the note , Your husband would have had to do a refi to take your name off the note , otherwise it stays attached. I would love to work with you and your ex to see what you can do besides foreclose.
You can contact me at 702-239-6900
email is Rhondasellsvegas@gmail.com and my web site is http://www.AllLasVegasHomes.com. Have a nice evening.
0 votes Thank Flag Link Tue Jul 16, 2013
If he's willing to cooperate, you can do a short sale, to protect your credit from foreclosure. Feel free to give us a call. We can explain the process to you. Or, you can visit our website at http://www.shortsaledepartment.com.
0 votes Thank Flag Link Tue Jul 16, 2013
Was this not clarified in the divorce decree? don't let the home foreclose. Do you know the value? You might not be upside down anymore and might be able to sell the property. Call me if I can be of further assistance. 348-9664.
0 votes Thank Flag Link Tue Jul 16, 2013
it decrees him responsable for housing all of it.payments you name it.i quick claimed this to him.he refused to take my name off the note and still hasn't.now its in foreclosure and he has it listed to sell.
Flag Tue Jul 16, 2013
Reference your divorce decree if it says that your ex got the house and he keeps up payments. Did it anywhere say he needed to refinance and take you off the loan.

You may contact me directly 702-236-6266

Dawn Houlf
The Force Realty
0 votes Thank Flag Link Tue Jul 16, 2013
no.the lawyer we used told me by quick claiming the house it relieved me of any responsability.that he was responsiable
Flag Tue Jul 16, 2013
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