How to Get Ex to Endorse a Insurance Check and Quit Claim Deed

[Hindsight2020]

My question involves a mortgage in the state of: Ohio
At the time our divorce our home was in foreclosure, our divorce papers read that we (my ex and I) could file for bankruptcy to dissolve the debt. My ex did not want the home, and at the time I was fighting with our mortgage company to modify the mortgage so I could keep the home for myself and my children, my ex was aware of this also. He filed bankruptcy on the home.
10 mo later and 5 days prior to the Sheriff Sale of my home the Mortgage Co agreed to help me with a modification which is an uphill battle. Since the home was in foreclosure during the modification process and the Mortgage Co was paying the insurance, the home was damaged during a storm. The insurance co issued a check in my name as well as my ex's including the Mortgage Co. We were required to sign and return the check to the back so they could disperse the funds to the contractors do the repairs. I contacted my ex several time to have him endorse the check and he refuses, he will not sign a quit claim deed either. My home is in need of repair, I have contacted the insurance co and the mortgage co and explained my problem and I have not received any results just on going run around from person to person and every department.
I would greatly appreciate any advise.
Thanks

[Mr. Knowitall]

It sounds like you're going to need to go back to the divorce court for post-judgment proceedings to clear up the ownership and obligations relating to the home, consistent with the judgment and your agreement. It's difficult to say what's feasible, or what a court's likely to do, without seeing the divorce judgment. I suspect a sit-down with a family lawyer is in order.

[flyingron]

He'd be a fool to sign a quit claim short of having a legal gun held to his head. I wouldn't sign one unless it was coincident with being released from the mortgage obligation.

Did you verify with the insurer that the check requires both the owner's signatures? I've gotten a few insurance payouts over the year where I had to deal with getting the banks endorsement but I can't recall my wife also having to sign (and we're still married).

[Hindsight2020]

My ex filed bankruptcy on the mortgage, and yes the purpose of the quit claim deed is to help get my ex off the mortgage so I can refinance the home in solely my name. And since the house was in foreclosure at the time of the divorce the Bank was paying the insurance premiums, prior to me receiving a modification of the mortgage so in that case the money coming from the insurance company doesn't belong to me or my ex it belongs to the bank, its the banks money and the check requires both our signatures on it and it is to be return to the bank so they can endorse it and release the funds to the contractor.

The divorce judgement states the home in question is in foreclosure and the either party can file bankruptcy to dissolve the debt. It is very vague. It doesn't state who gets the home, because even though I resided in the home at the time of the divorce, the home was in foreclosure. And I was fighting with the bank to give me a modification.

[Hindsight2020]

Any good advice?

[Mr. Knowitall]

Yes. Schedule that sit-down with a family lawyer, as previously suggested. Take along a copy of your judgment.