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  1. #1
    Join Date
    May 2007
    Location
    phx, az
    Posts
    10

    Default Ex-Husband Won't Take My Name Off The Mortgage


    Our divorce was final in October of 2006. The divorce decree stated that he refinance as soon as the divorce was final. He has not done so and I am now receiving collection calls from the bank because he is 45 days past due. I don't have money for an attorney and am quite confused doing the paperwork myself. now, my question.... since I still have all ownership rights (no quick claim deed filed) and he is a co-borrower can i just sell it? The bank told me that I can do that without his permission.... but im a little worried that i could get in trouble. This is the route that I would preferre to go, I don't care about equity, I just want to go on with my life WITHOUT a foreclosure. The man won't return my calls or give me a status on what his situation may be, I'm tired of being nice.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,535

    Default Re: ex-husband won't take my name off the mortgage.

    is your ex's name on the title? If so, you cannot sell without him signing off.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: ex-husband won't take my name off the mortgage.

    Get a lawyer, bring a contempt action, and try to get the court to order your ex- to reimburse your legal fees.

  4. #4
    Join Date
    May 2007
    Location
    phx, az
    Posts
    10

    Default Re: Ex-Husband Won't Take My Name Off The Mortgage

    yes, his name is on the title. I just can't afford to pay an attorney upfront. Also---- We have two credit cards that he was suppost to take responsibility of. Well, he decided not to remove my name or pay so now they are charged off. I want to file chapter 7 when this is all said and done, assuming that my lovely ex will never pay, can those debts be included with them in both our names?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex-Husband Won't Take My Name Off The Mortgage

    You can include any of your own debts in your bankruptcy, even if he is also named to them. Your discharge would not affect his obligation to pay.

  6. #6
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Ex-Husband Won't Take My Name Off The Mortgage

    What did the judgment in your lawsuit say about the ownership of this real estate.

  7. #7
    Join Date
    May 2007
    Location
    phx, az
    Posts
    10

    Default Re: Ex-Husband Won't Take My Name Off The Mortgage

    There has only been a divorce so far. I am contacting an attorney this afternoon.

  8. #8
    Join Date
    May 2007
    Location
    phx, az
    Posts
    10

    Default Re: Ex-Husband Won't Take My Name Off The Mortgage


    Okay so i decided to do this all myself. I filed contempt with the order to appear. I'm short on cash right now so I sent the paperwork by certified mail, what a big mistake because he wont go to the p.o. to pick it up. so my question is- when i have him served, and he refuses, what happens? OR he doesnt answer the door. What can i do if he makes himself disapear when the process server comes around? i live in arizona and the court date is september 11th.

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ex-Husband Won't Take My Name Off The Mortgage

    If you are required to effect personal service and can't serve him, you will have to ask the court to permit substituted service.

  10. #10
    Join Date
    May 2007
    Location
    phx, az
    Posts
    10

    Default Re: Ex-Husband Won't Take My Name Off The Mortgage

    That didn't really answer my question but I got the return receipt in the mail yesterday and all my questions answered by the clerk. thank you all for the help

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