Legal Question in Real Estate Law in Minnesota

I am on a mortgage with my ex-fiance and he still lives in the house. I signed a Quit Claim Deed after he had asked me to "in good faith" that he would complete a refinance or sale. This was in 2009 and he has yet to do anything. I have had multiple refinance packets sent to him from the mortgage company. The last one (the only one he completed and returned) was approved on condition he paid off some other debt (his truck). He told them he would not do so as he was going to sell. This was in 2012. To this day, he has not refinanced or listed the property.

I am now married and would like to rid myself of this burden so my husband and I can move forward, but I seem to be at my ex's mercy only. Is there anything I may be able to do to get him to refinance, sell, or to get my name put back onto the property to force an issue? I have heard instances that I could possibly file a petition to be put back onto the deed since I had followed through with my end of the verbal agreement, but he did not.

Any thoughts/suggestions would be GREATLY appreciated as I have tried working with one attorney that really did nothing to help (only did things that I had suggested and served as a middle-man) and another started communication with me but has dropped all communications.

Thank you!

Michelle


Asked on 5/09/13, 5:53 am

1 Answer from Attorneys
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. I urge you to seek attorney counsel right away for assistance in this matter. Of course, you would want to resolve this matter effectively and with finality. I did not understand your statement about an attorney 'dropping all communications'. If finances are an issue for you,some attorneys, myself included, will provide a reduced fee to you. All the best.

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Answered on 5/09/13, 6:03 am


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