2007-12-29 13:36:15 · 5 answers · asked by Stephanie m 1 in Business & Finance ➔ Renting & Real Estate
If he is indebted to you and behind on payments, you could petition the court for a lien so that if he sells it you would be assured of payment.
But you cannot force him to refinance.
And what would that accomplish?
2007-12-29 13:44:21 · answer #1 · answered by edco 5 · 3⤊ 0⤋
Yeah... you can put a lien on his home if you have an court court for money owed to you. But you cant make him refin. The only thing a lien does is allow you to get paid first after he sells his home or refin. But if that home goes in foreclourse you might not get anything so beware. But its worth the try!!!
2007-12-29 21:46:02 · answer #2 · answered by the queen 2 · 2⤊ 0⤋
I'm guessing that your divorce decree indicated that your husband would get the house, and you signed a quit claim deed to that effect, but remained on the mortgage. I have NO idea why divorce attorneys allow that. Pretty stupid.
Meanwhile, there are no legal means you can use to force him to refinance to remove you from the mortgage.
2007-12-29 21:47:23 · answer #3 · answered by acermill 7 · 3⤊ 0⤋
I don't know about that, you should probably talk to an attorney to see what you can do to make him remove your name from the loan, which is what I am assuming you want to happen. Some will give free legal advice over the phone.
2007-12-29 23:10:46 · answer #4 · answered by Chervack 2 · 0⤊ 0⤋
You might be able to put a lein on the home for money due to you. but you won't get it until he sells or refi's. You can't force him to refi the home if he doesn't want to. I guess the courts can, or force him to buy you out. good luck!
2007-12-29 21:41:58 · answer #5 · answered by wfhlembo 6 · 3⤊ 0⤋