Legal Question in Real Estate Law in Texas
Re: Existing mortgage still in my name
I would like to know how to force my ex-husband to refinance the home we bought together 6 years ago. I have tried contacting him by phone and by mail, but I have received no response. I have since remarried and am unable to buy a home with my new husband because of all of the late payments on the existing mortgage on my credit report. Is there some way I can take the house or make him refinance? I have contacted the mortgage company and they have a no credit/no income program and all I would have to do is sign the Quit Claim Deed, which I am willing to do. Can someone please help me? I'm DESPERATE to get this house either out of my name or to take over the payments and sell it.
1 Answer from Attorneys
Re: Re: Existing mortgage still in my name
Did you get as part of your divorce an agreement by your ex to make the payments, secured by a Deed of Trust to Secure Assumption? If not, perhaps your divorce was not handled so well. If you have the right documents, you can foreclose for his failure to pay.