Legal Question in Real Estate Law in Michigan

I am being sued for the clouding of a deed, what I am wondering is this...my exhusband and I bought a house together on March 14, 2001, on November 3, 2005 my ex refinanced the house as a single man. Our divorce was finalized on November 30, 2006. I never did sign anything, or even knew about the refinance. I was upset, but walked away from the marriage with nothing, but now that I am being sued for not signng the quit claim deed, it has me thinking, can they actually sue me for a fraudulent mortgage? I have proof and papers with these facts on them, I know its hard to believe, but I am having a hard time finding a RESPA attorney to listen, for the fact they dont believe it. I was referred to a RESPA attorney, by a real estate attorney, who has said my dowry rights were subverted. Im not even sure what this means. Any help or advice on this would be greatly appreciated.


Asked on 10/07/10, 9:47 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You need a real estate attorney. I believe that you did not sign anything. The mortgage is recorded at the county where the property is located. Is your name on the mortgage or note? Is there a forged signature? Your divorce decree should have stated who was to have title to the house, and who would be liable for the mortgage. Your divorce attorney, or your husband's attorney should have drafted the quit claim deed.

Your interest in the property could be valuable to the new buyer, who is likely suing you to quiet title. Don't sign anything without an attorney's review of the divorce decree, country records and mortgage documents.

Read more
Answered on 10/12/10, 1:11 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Michigan