Mortgage Question - Bank's Obligation to Communicate Information

[bjornenolejonet]

My question involves real estate located in the State of: NY
I co-own the property with ex-husband. We are both on the deed and mortgage. I am solely obligated to pay mortgage and taxes on the house as per divorce decree. Taxes are included in the mortgage. The bank insist on not communicating with me, stating as ex-husband signed on the top line he is the primary. Case closed.
Whenever there is an overage in the escrow account, the bank sends the check to the ex-husband (I have been solely responsible for all payments since September 2016) who deposits it. If there is not enough cash in the escrow, the bank sends him the letter before raising the mortgage payment, they do not communicate this with me either.
Is there anything I can do? Please do not say to reach out to the ex-husband, obviously I wouldn't pose my question here if that was possible. Bank states they are compliant, and doesn't need to communicate anything with me as my name is on the second line on the mortgage papers. Do I have rights on my side against the bank? All I want is for them to communicate with me, if overage in escrow account for them to forward that to me as I am the one that paid the taxes. Thanks in advance!

[PayrolGuy]

Was ownership of the property dealt with at all in the divorce?

[bjornenolejonet]

Still joint ownership until sale of it. I was awarded sole occupancy and use of the house. Divorce papers read that I am solely responsible for all mortgage and tax payments as of September 2016.

[llworking]

Still joint ownership until sale of it. I was awarded sole occupancy and use of the house. Divorce papers read that I am solely responsible for all mortgage and tax payments as of September 2016.

Could you refinance the house to put the mortgage in just your name, and to buy out your ex's share? That would be one way to solve the problem.

[budwad]

How exactly is the deed worded? Does it say married A tenancy by the entirety or something like joint tenancy with a right to survivorship, or Sue Smith and Harry Doe a married couple? Who's name is on the first signature line has no legal weight.

[adjusterjack]

The house should have been quit claimed to you as part of the divorce decree. It's common practice even when there's a mortgage. Why wasn't that in your decree? Did you have a lawyer?

Here's the choices that I can think of.

Sue the bank and seek an injunction ordering the bank to cease its current practice and deal with only you.

Or, seek a contempt citation against your ex for allowing the practice to continue.

Or, sell the house, split the proceeds and buy your own house.

Or, do nothing and nothing changes.

Other responders may have different suggestions.

[bjornenolejonet]

I wish, he will not allow for that. Not sure the bank would let me refinance on my own either.

I did have a lawyer, unfortuantely not until afterwards did I realzie I should have had a law degree myself. I wish I would have known so much more.

What court would I go to sue the bank? Not that I have the money to do that. Perhaps the mere mention of lawsuit would encourage them to acknowledge me?

The house is on the market, so hopefully this will be over shortly. But it was on the market two years ago and didn't sell (lowball bids). But as we are co-owners the ex can just say no to any offer - back to court then...

The deed says Sue Smith AND Harry Doe. Bank is telling me that on the loan application, Harry Doe's name appears on the first line, hence he is deemd the primary according to them. Which what I am fighting them on. We both (loaner signers) have equal obligations to pay the loan to the bank, but the bank only has obligation to one of the loaners!?

[llworking]

I wish, he will not allow for that. Not sure the bank would let me refinance on my own either.

I did have a lawyer, unfortuantely not until afterwards did I realzie I should have had a law degree myself. I wish I would have known so much more.

What court would I go to sue the bank? Not that I have the money to do that. Perhaps the mere mention of lawsuit would encourage them to acknowledge me?

The house is on the market, so hopefully this will be over shortly. But it was on the market two years ago and didn't sell (lowball bids). But as we are co-owners the ex can just say no to any offer - back to court then...

The deed says Sue Smith AND Harry Doe. Bank is telling me that on the loan application, Harry Doe's name appears on the first line, hence he is deemd the primary according to them. Which what I am fighting them on. We both (loaner signers) have equal obligations to pay the loan to the bank, but the bank only has obligation to one of the loaners!?

That absolutely does not make any sense. You should ask to speak to a manager.

[pg1067]

Is there anything I can do? Please do not say to reach out to the ex-husband, obviously I wouldn't pose my question here if that was possible.

It's not possible for you "to reach out to [your] ex-husband"? Not possible? Ineffective, perhaps, but I seriously doubt it's impossible.

Do I have rights on my side against the bank?

I guess what you're asking is whether you can take some sort of legal action to force the bank to communicate with you. I know of no such legal action.

Still joint ownership until sale of it.

And when is that going to happen?

Divorce papers read that I am solely responsible for all mortgage and tax payments as of September 2016.

What? That's nearly four years ago. If your divorce decree didn't provide for sale of the jointly owned home within four years, something is seriously wrong.

I wish, he will not allow for that.

Not sure which of the half dozen-plus things mentioned in prior responses you're talking about here.

What court would I go to sue the bank?

You don't.

You need to get the house sold as apparently is provided in the divorce decree. You need to consult with a family law attorney about how to make that happen and whether any modification to the divorce decree should be sought. In the meantime, making all of the required payments on time should obviate any need to communicate with the lender.

[adjusterjack]

The house is on the market, so hopefully this will be over shortly. But it was on the market two years ago and didn't sell (lowball bids). But as we are co-owners the ex can just say no to any offer -

And when he does, you ask the court to appoint a special master to sell the property and your ex's signature will be ordered on pain of contempt.

Are you sure you aren't just complacent because you are comfortable remaining in the home that you've lived in all this time and really don't want to sell it?

A lawyer would know how to force the issue.