Legal Question in Real Estate Law in Texas

Re: Existing mortgage still in my name

I would like to know how to force my ex-husband to refinance the home we bought together 6 years ago. I have tried contacting him by phone and by mail, but I have received no response. I have since remarried and am unable to buy a home with my new husband because of all of the late payments on the existing mortgage on my credit report. Is there some way I can take the house or make him refinance? I have contacted the mortgage company and they have a no credit/no income program and all I would have to do is sign the Quit Claim Deed, which I am willing to do. Can someone please help me? I'm DESPERATE to get this house either out of my name or to take over the payments and sell it.


Asked on 3/30/04, 5:41 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: Re: Existing mortgage still in my name

Did you get as part of your divorce an agreement by your ex to make the payments, secured by a Deed of Trust to Secure Assumption? If not, perhaps your divorce was not handled so well. If you have the right documents, you can foreclose for his failure to pay.

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Answered on 3/30/04, 6:10 pm


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