Legal Question in Real Estate Law in California

Re: Removing my name from Mobile Home Mortgage

Where you represented by an attorney in the divorce???? That is the source of the problem, he/she can invite you immediately unless they don't exist. This is why you don't do things yourself in the legal arena. It's too complicated otherwise. What should you do, you should do what you were supposed to the first-place see a good divorce attorney.

Re: Removing my name from Mobile Home Mortgage

Wait a minute.....didn't you just say you were obligated to make the payments on this mobile home under your divorce property settlement? It seems to me, then, that there are three ways to get your name off the mortgage:

(1) Pay off the mortgage;

(2) Renegotiate the marital settlement agreement with your wife. To do this, you would probably have to give her something of equal value, and unless your new agreement called for her to pay off the entire remaining balance,you would also have to get the lender to accept her as a substitute borrower; or

(3) Convince the lender to accept other collateral for the loan you're paying.

Most mortgages contain provisions against "waste" and in effect require the borrower to maintain the collateral. Although you don't say who is "on title" to the mobile home, I would say that the person in possession (your ex-wife) probably has a legal obligation of some kind to the borrower (you) to maintain the property. Absent more details I can't say what the nature of the obligation would be, or how you would enforce it, but you might take both the marital settlement and the mortgage to a local real estate lawyer and ask for a free initial consultation on the maintenance responsibility issue.