Check out some similar questions!

cindylou · Oct 20, 2006, 11:40 AM

I bought a home with an ex-boyfriend we took two lines of credit out on the home while he was still living there two of his credit cards were paid off in order for us to qualify. A year later I caught him cheating again he quit claimed the house to me, It was notarized and recorded. I refinanced the home taking him off the Loan and Title.
8 months later when he found out I was getting married, he claims he signed the quit claim deed under duress, filed a les pendence on my home and wants me to quiet title the home back to him. Of course I refused and now he wants me to sell the home the home and he wants half of the equity... since he has been gone he has not contributed to any house payments, taxes etc... I explained to him there is no equity in the home we took it all out, and if there was we would minus 1/2 of every house payment, taxes, home owners insurance, improvements etc... before he would get a penny.
I offered him $5000 for argument sake he refused. We hired an appraiser and he was not happy with the results proving there is no equity, he thinks I conned this appraiser. He wants another appraisal on the home do I have to agree with this? We have been going back and fourth for more than a year with these issuses, meanwhile my house payment has doubled which has put a tremendous burden on my family, I have asked him to remove the les pendence so I could refi without taking any money out, otherwise the house could go into foreclosure, and he would get nothing... of course he refused.
What are my rights? I thought once a legal document has been signed by both parties, and recorded that should be a binding agreement there should be no argument, I also have a homestead filed on the house will this help me if we go to trial? Do I have a chance of winning without hiring a lawyer? Every lawyer wants a minimum $5000 retainer fee.
PLEASE HELP!

ScottGem · Oct 20, 2006, 12:19 PM

Ok, the first question is do you want to stay in the house? If you do then don't worry about the les pendence, the only thing that does is cause a problem when you go to sell it. Second, the only way he can file a les pendence is if he files suit against you. This means you get your day in court. At that point he has to prove that he signed the quit claim under duress. If you can prove that he didn't, the judge will rule against him and order the les pendence removed.

The only thing I don't understand is why this might go into foreclosure. Haven't you been making payments? Isn't the mortgage up to date?

What you really should be doing here is saying to him that he is lying when he says he signed under duress, that the home is yours and yours alone and if doesn't like it, then take you to court.

cindylou · Oct 20, 2006, 12:32 PM

hello thanks for responding
Yes I have made all the payments it has been very difficult because my house payments went from 1900 to 3200 when I refinanced my interest rate was a variable and can still go higher. How I found out about the les pendence was when I tried to refi to a lower interset rate the title company is the one who told me... My payments would have gone down to 1600 I send my ex's lawyer the loan documents to prove my payments can be lowered with out taking any money out, I told them they can file the les pendence again after the refi went through Since my ex said his "only interset" is in the house, he's not doing this out of spite that I got married.

ScottGem · Oct 20, 2006, 12:43 PM

So the mortgage company refused the refi because of the les pendence? You need to go to the county clerk and find out what court it was filed in. A "lis pendens" is a document filed in the public records that notifies any prospective purchaser of property that there is litigation pending that could effect title to the property. This means that he has filed a suit against you. Therefore you need to have been served notice of this suit and have a right to argue against it. If you have not been served properly or if the suit has not been filed properly or has no merit you can get it dismissed.

So your next step is to go down to the clerk's office and get the details of it.

cindylou · Oct 23, 2006, 04:11 PM

A couple days after I was denied the refi papers were send to my address I was at work at the time my disabled daughter signed for them. That is when I was able to read why he filed the lis pendens that he claims he signed it under duress and wants me to quiet title it back to him... or sell it and give him half of the equity. I called his lawyer and told him that my ex was lying he signed it on his own free will, I would never quiet title it back or sell it and give him half the equity.
I send his lawyer receipts proving I put the down payment and closing cost on the house except for the thousand dollars he contributed, receipts proving that the items in the house have been bought out of my own account, taxes, house payments, insurance etc...
Have all been paid for by me. Nothing seemed to be good enough so I also hired a lawyer even though I felt I did not need one due to the facts. A mediator was brought in to try and come to some kind of agreement that's when I offered him the $5000 for argument sake he declined. He thinks there is over $100 thousand in equity. Both parties agreed on the appraiser, when the results came back it only showed $10,000 equity in the house, my ex thought I conned the appraiser to show less than there really was. Now he wants another appraisal done on the house. I no longer have a lawyer I feel he has done nothing to help, especially with all the evidence I have against my ex. I asked my lawyer if we could get this ex-sponged from the beginning he said it would cost too much money... This should have never dragged on for a year. The money I have paid him could have covered
The court cost to get this ex-sponged.
Bottom line he waited 8 months to file a suit after signing the quit claim, 2 weeks before I got married. The appraisal shows there isn't the $100 thousand in equity he claims there is. He has not contributed any money towards the home since he left how can he legally try and claim half the equity.
How do I get his dismissed? HELP PLEASE!

ScottGem · Oct 23, 2006, 04:42 PM

Like I said your best bet is to force the issue. Let him take you to court. Show the judge all your proofs. I would suspect the judge will deny his claim and order the lien removed.

cindylou · Oct 23, 2006, 05:52 PM

Thanks again for your response it really makes me feel more confident just talking to you. Sorry if I have gone on and on but I have don't want to lose my home...
One more question do I need a Lawyer or can I beat this on my own?? What are my odds?
Is there any thing I need to do to prepare if we do end up going to trial that would help me, look up Case Law etc... anything that would help me win?

Thanks again