Legal Question in Real Estate Law in Texas

Rights,Restrictions,Limitations Quitclaim Deed

Husband awarded real estate at time of divorce and I divested all right,title, interest. However my attorney attached a $41,000 lein to this homestead until paid by ex-Husband December 15, 2004 @ $1,000 per month. He missed (5) payments to the mortgage lender and has destroyed my credit rating. I have a divorce decree signed by a judge, but the lein holder would not release me from this debt (Veterans Admn). I tried to refiance, but would have released the $41,000. The lein holder(Veterans Admn) refuses to release me unless I file a Quitclaim Deed or an General Warranty Deed. My question is by filing a Quitclaim Deed, WILL I RELEASE THIS DEBT OF $41,000 my ex-husband owes me? My attorney filed only my Agreed Final Decree of Divorce with Harris County Clerk. It was recorded as a muniment of title to transfer ownership of property. My attorney now refuses to help and I don't have the funds to hire another attorney. I'm ill and depend on this $1000 as well as spousal support. What are my options?

If the VA forecloses I am financially liable, however if I give the VA a quitclaim deed, they will release me from financial liability. If I do the quitclaim, do I lose my $41,000 property settlement? Please advise.


Asked on 9/20/02, 5:22 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Rights,Restrictions,Limitations Quitclaim Deed

I assume the $41,000.00 lien is to secure your property settlement. If you release the lien that would not extinguish the debt, it would become unsecured. Another approach would be to foreclose on your lien, if there is equity in the property, and take over as owner. You could then rent the house to provide income to pay the mortgage. This would take time however, which you may not have. You apparently have a judgment already against your ex for $41,000.00. You could seek to enforce that judgment against non exempt property of your ex. Larry Maun 713.266.2560

Read more
Answered on 9/23/02, 9:42 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas