Legal Question in Family Law in Washington
RE: Equity payout/Decree
Details:
1) Must pay ex wife proceeds from refinance of house as per divorce decree. House subject to lien if obligation not fulfilled. No problem. Shall pay when loan closes and funds are freed up.
2) Title company wants to provide payoff amount to ex wife at closing of loan . . . bypassing me. Title company want to send proceeds to ex, but ex cannot be trusted. I trust ME.
3) I want funds from refinance to be sent directly to ME as I am capable of fulfilling legal obligation on my own without interference from title company or ex's attorney.
4) Am I SOL, or must I submit to this interference? What business is it of the title company what I do with the funds that are secured in my name and on my credit and income? For all they know, I'm adding a wing to the house.
1 Answer from Attorneys
Re: RE: Equity payout/Decree
Although this is not what you stated in the question, it sounds like the lien is filed. If that is the case then the finance company will want to be absolutely assured that it is paid off as part of the refinance. This is simply the way finance companies operate (and for good reason), first in time determines who has priority of claim.