Legal Question in Real Estate Law in Texas
As part of my fiance's divorce his ex-wife kept the house they lived in, but the financing remained in his name. Ex makes the mortgage payments directly to the bank and is responsible for the house in every way. She pays the mortgage late almost every month, which is damaging to my fiance's credit. Even if she were to pay on time, having this huge debt on his credit affects his debt to income ratio and makes it harder to get a new loan.
Ex has worked as a loan officer for a few years now at reputable banks. We've asked her nicely to refinance to her name, but she doesn't respond to anything unless she's legally forced. What action can we take, if any, to have this loan taken off my fiance's name and put on his ex wifes? Thank you in advance!
1 Answer from Attorneys
The only recourse is to take her back to Court and force her to refinance. She actually might not be able to do that with all of the lending restrictions. However, the court might also require her to sell the property which would pay off the lien and release it for your fiance. Otherwise, there is really nothing he can do without going back to court.
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