Legal Question in Real Estate Law in Maryland
if my mortgage deed has not been recorded, and i refianced in nov 07 and it still has not been recorded, and i have tried to get this settled, do i have any right to take to court? i had my ex husband sign quit claim deed at time of refi, that also never was recorded, i did just recently hire attorney to get new quit claim deed and that now has been recorded. The attorney has also sent letter to lender but no response yet. i have been trying to get this taken care of when i found out in feb 08 and it still is not done.
i have paid for everything to be done and had to hire attorney to get quit claim deed, someone needs to settle this and would be nice to get me some reinbursement
1 Answer from Attorneys
If you have paid for an attorney to handle this for you, my advice would be to let the attorney do his/her job and see how it plays out. If I were your attorney, I would be taking the exact same steps that your attorney is taking -- I would get the quitclaim deed handled first and then I would deal with the loan. My first step with the loan would be to contact the loan company, which you note has already been accomplished via written correspondence from your attorney. If the lender refuses to take your name off the loan, or simply ignores the request (which is more likely), then your attorney may decide to take further legal action against your ex at that time.
The one key piece of information in your question that is missing is whether your ex-husband was REQUIRED to sign a quitclaim deed and re-fi the mortgage out of your name as part of a final divorce decree or other court order. If there is a final divorce decree (or other court order) stating as such, then the answer to your question is simple -- if the bank does not take your name off the mortgage, you may consider filing a Motion for Contempt with the Court that issued your final divorce decree (or the court order). If this is something that should have been taken care of in 2007, your ex has had plenty of time to comply and is in violation of the Court order. If he refuses to comply with the order to refinance into his own name (say, because the economy has taken a turn and he can no longer qualify for the re-fi), the Court will not care why. He will either face going to jail or following the Court's order.
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******