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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default Ex Spouse Died Before Refinance I Signed Quit Claim

    My question involves real estate located in the State of: Wisconsin

    My divorce was final april 29, 2009. My ex spouse was awarded our family home, which was in both our names. On April 29,2009 I signed a quit claim deed. I was held harmless financially on the mortgage. My ex was suppose to refinance ASAP. On June 24, 2009, my ex spouse unexpected died. He was in the process of refinancing with a closing date of July 3, 2009. He didnt make it to the closing date. The mortgage company is coming after me for this mortgage but I am not on the deed and have no rights to the house, I was deemed harmless to this financial obligation by a Wi state judge. The local police even said I have no right to be on the property. What can I do?

  2. #2
    Join Date
    Jan 2006
    Posts
    20,682

    Default Re: Ex Spouse Died Before Refinance I Signed Quit Claim

    how did the judge you to not be liable for the debt? A judge cannot alter your contract with a lender unless that lender is a party to whatever suit is at hand.

    What that means is: you owe the mortgage but yes, you have lost title to the house.

    I would think you would need to revisit your divorce to seek to reclaim title to the home. That way you will owe on what you own. My reasoning is that he had not completed his side of the contract and as such, you may be able to have the courts void the actions your took to fulfill your requirements of the contract.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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