My husband and I divorced in 2004. In the divorce papers it was written that after he paid me, he would keep the property and refinance to remove my name from the mortgage loan. That never happened but, my name was removed from the deed. He is now 3 months behind in the mortgage payments, unemployed and flat broke. My credit score is now feeling the pinch.

Can I retain a realtor to put the property up for sale? What are my legal rights?

If your name is not on the deed you don't own the property and can't sell it. But if your name was on the deed before the divorce and you didn't sign it over I'm not sure how your name was removed.

You need to check that out!

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Originally Posted by mrsiegler1

my name was removed from the deed

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Originally Posted by ScottGem

If your name is not on the deed you don't own the property and can't sell it. But if your name was on the deed before the divorce and you didn't sign it over I'm not sure how your name was removed.

You need to check that out!

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If mrsiegler1 signed a deed quitclaiming her name from the deed, without the deed being a part of a re-finance closing, someone (mrsiegler1 or her attorney) made a very serious mistake, in my opinion.

The problem is that while the divorce decree can order the husband to re-finance, it isn't going to happen unless a bank agrees.

I live in Pennsylvania and have been divorced from my exhusband since 2004 - he kept the property we had owned together and promised to refinance once he was able to become financially stable. In 2007 he took my name off the deed (I didn't see any problem with that since I didn't want to be responsible for taxes). In 2009 he asked if I would consider signing for a lower interest rate with our current mortgage lender and then he would refinance. Well, I did but, he didn't now he is 3 months late on the mortgage and it is damaging my credit. Can I do anything to force him to sell the property before it goes into foreclosure?

Thanks for listening.

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Originally Posted by mrsiegler1

... In 2007 he took my name off the deed ...

Can I do anything to force him to sell the property before it goes into foreclosure?
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Perhaps. If you are still on the note but no longer on the title ("deed"), you can be zapped for a deficiency judgment if it does go into foreclosure.

He didn't take your name "off the deed", you apparently signed a deed conveying it to him. That was a very ill-advised move, on your part. An I am confused why he bothered to ask you about in 2009. You would have had no say in the matter; you were no longer on the title.

I see that your two posts have now been merged, I was answering this last question when it was taken down. Consult an attorney in your area but I think you are on the hook for the mortgage as well as getting a bad credit score.

First, please don't start a new thread for the same question. All further follow-up should be posted as a response to this thread.

As AK said, the only way for him to legally "take"your name off the deed was for you to sign a new deed signing the property to him. For you to do this without a refinance of the mortgage was foolish. And, as noted, it made no sense for you to sign a mortgage on a property you no longer had an ownership interest in.

So some of this doesn't make sense. But it could mean that he did some shady stuff and you may be able to sue on those grounds. You need to hire an attorney to go over the paperwork and see if everything was done legally.

If your name is not on the deed but is still on the mortgage note, and if he fails to make the payments then the lender has the right to sue you for any balance that might be due after a foreclosure.

The only legal right you have in this situation is to sue him for any losses you may suffer.

Your best option right now would be to convince him to sell the house immediately.