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    alex_simpson_20's Avatar
    alex_simpson_20 Posts: 1, Reputation: 1
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    #1

    Oct 31, 2008, 01:51 PM
    Changing a house title
    My wife has an ex husband in prison. When they were together, they bought a house and took out a loan together. During that period, my wife was having a tax problem and there tax attorney recommended that they take her name off the house title. They did.
    Now her ex's father is his power of attorney and has been renting the house out. Although he is not making the house repayments and the bank is going to foreclose the house.
    In their divorce decree, my wife was going to give him the house. Providing that they covered all costs involved. As it turns out, they cannot take her name off the loan as her ex, being incarcerated, cannot refinance the house.
    Now because of his father not paying the loan repayments. Her credit is getting destroyed so she cannot take out a loan either.
    Is it possible for her to get her name back on the house title? So that at least the 2 of us could take over the loan and rental situation and know that the bank won't foreclose due to her ex father-in-law's actions and try to resurrect her credit score?
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #2

    Oct 31, 2008, 02:12 PM

    Wow, unless the divorce decree addressed it and he's not upholding it, I think she's stuck.

    I believe she'd have to sue him to force an action and/or recover damages.

    In general, in real estate, the worst position you can be in is on the mortgage, but NOT on the title. As I'm sure she now realizes...
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