My question involves divorce in the State of: Georgia
My mortgage company is trying to work out a modification loan with me. Now, in the final stages they are getting cold feet because the divorce decree states that my ex-husband was actually awarded the house 5 years ago in our divorce. It's a little bit more involved than this but my question is (hopefully) a simple one.
I am now in possession of the home. He has filed a quit claim with our county. The property assessment (Board of Assessors, Rockdale County) now has only my name as "owner". It also clearly states that my husband "quit claimed" the property to me due to divorce. He is the "grantor", I am the "grantee". This is how it is officially filed with the county. My ex could not keep up the house so simply relinquished responsibility to me. He is in full cooperation with me now.
My mortgage company is worried that he could, "at any time, come back and say the house is his", since that is what the divorce says . Well, if they refinance it in my name, doesn't that solve that problem? It is as if they are saying that the divorce decree trumps anything else. They say the decree must be "amended". A lawyer I've contacted says that it is next to impossible to change property in a divorce decree. He says that if we bring it before a judge, it will only serve to tick the judge off.
I feel like I'm in a Catch 22 here.
So my question is basically: Can the mortgage company refinance the house even if the divorce decree says my ex was awarded the house? Is it true that despite a quit claim and a refinance that he can come back later and call foul?
I've been working to modify my loan (thank you Obama) for 7 months now. I have complied with all and every request. I have been in constant communication with them the entire time and now they are lowering this boom on me. Are their hands as tied as they claim they are?

