My husband and ex-wife are still listed on a mobil home title from when they were married. They are now divorced and his ex-wife has filed bankruptcy on the property along with abandonment of it. We have made an agreement with the financial company to assume the loan as is and want to move back to the mobil home but I want to ask if there is any way to remove her name from the title without having to refinance the loan?

We know she can't be removed from the actual loan, but the worry is that if we take over and make the payments and improve the property value then my husband dies my husbands ex-wife will actually become the owner of the property since she is listed on the title and not me.

Besides refinancing, what is the best way to protect ourselves?

My husband and ex-wife are still listed on a mobil home title from when they were married. They are now divorced and his ex-wife has filed bankrupcy on the property along with abandonment of it. We have made an agreement with the financial company to assume the loan as is and want to move back to the mobil home but I want to ask if there is any way to remove her name from the title without having to refinance the loan?

We know she can't be removed from the actual loan, but the worry is that if we take over and make the payments and improve the property value then my husband dies my husbands ex-wife will actually become the owner of the property since she is listed on the title and not me.

Besides refinancing, what is the best way to protect ourselves?

If your husband's ex wife has filed bankruptcy and abandoned the property to her creditors, you should get the bankruptcy trustee to sign off the title to your husband.

[I]If your husband's ex wife has filed bankruptcy and abandoned the property to her creditors, you should get the bankruptcy trustee to sign off the title to your husband.

Just found out that she is still only in the PROCESS of the bankruptcy. She has an attorney and all paperwork has been provided however it has not been approved by the courts yet so there is no trustee for us to work with.

Do you think an email saying she is releasing all claims to the property now and forever will work until a trustee has been appointed?

...
Do you think an email saying she is releasing all claims to the property now and forever will work until a trustee has been appointed?

Definitely not. If she does file bankruptcy, the creditors (or the trustee, who basically represents the unsecured creditors' interests) will have to agree. And if she is indicating in her bankruptcy filing that she is "abandoning" the property, it goes to the trustee. If and only if the trustee determines that the bankruptcy estate has no equity, will the trustee agree to let you have it.

It looks like the bankruptcy paperwork hasn't actually been filed. The trustee is generally appointed almost immediately upon filiing. The bankruptcy judge doesn't "approve" the paperwork.

To answer your original question, you need to make a deal with whomever has security in the mobile home (bank, finance company, manufacturer, or whatever). Otherwise, when she files bankruptcy and "abandons" the MH, they can repossess it.

Right now the house is a total loss as it is nothing more than a frame, but we were wanting to "gut it" out and remodel it. Should we just make it livable until the bankruptcy is filed and a trustee is brought into the mix until we can secure the title?

We have to be moved into it at the end of April of this year, what do you suggest? I do not want to move into it and make improvements then because it is worth more than it is now lose it to the trustee, but we are already in the process of moving into the house... Any advice?

... Any advice?

As I said in my previous post (and my last edit was done at just about the same second that you posted your latest post), you need to work with the loan company.

We do have an agreement with the finance company as previously stated and they are allowing us to assume the loan as is going forward, however my concern was since my husband and his ex-wife are listed on the title as joint owners and she was awarded 50% as he was awarded 50% during their divorce if something was to happen to him she would become the actual owner. How can we have her removed from the TITLE without refinancing the house?

She is now in the process of filing bankruptcy and has abandoned the house for over 6 months now so we made an agreement with the financial company to bring it up to date and keep paying going forward, but I wanted to know how to have her removed from the actual title.

We do have an agreement with the finance company as previously stated and they are allowing us to assume the loan as is going forward, however my concern was since my husband and his ex-wife are listed on the title as joint owners and she was awarded 50% as he was awarded 50% during their divorce if something was to happen to him she would become the actual owner. How can we have her removed from the TITLE without refinancing the house?

She is now in the process of filing bankruptcy and has abandoned the house for over 6 months now so we made an agreement with the financial company to bring it up to date and keep paying going forward, but I wanted to know how to have her removed from the actual title.

OK. As I previously suggsted, the best way to do it would be, after you receive notice of the bankruptcy, file a motion to abandon property with the bankruptcy court. If the trustee determines there is no equity, he or she will not oppose your motion, and then you can get the ex-wife to sign it over to you &/or your husband.

So you are saying we should NOT make any improvements until after the title is cleared up with the trustee?

so you are saying we should NOT make any improvements until after the title is cleared up with the trustee?

It'as a judgment call. Whether you want to take the risk is up to you.

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