Legal Question in Family Law in Iowa
Divorce Amendment
Divorce decree was signed by both parties in May and has been recoded. My friend thought the quit claim took her off of the note as well as the mortgage. The atty knew she was on the note and states it's not a problem unless he defaults. I work for a mtg company and it will be a problem in the future when she tries to buy another house as that payment will count against her & if he does default it can cause problems with her credit. Can & should the decree be amended to include a mandatory period in which he must refinance into his name only? It's my opinion that the attorney shouldn't charge for this as he had prior knowledge of her name being on note and knew she wanted it off. What are the chances of that happening!?
1 Answer from Attorneys
Re: Divorce Amendment
Slim to none. You're assuming that the husband would agree to this, and you are also assuming that your friend told the attorney and the attorney did nothing.