God believes I'm worth it...

[SallyM]

wow cat, that is a real pita. no words of wisdom, I'm not there yet, but you sound strong. I would definitely find out about any and all legal implications involved before you agree to anything.

[cat03]

What are the legal implications if his name is still on your house and the bill collectors come? Can they take your house since it sounds like you've decided it will still be his house for at least 5 years?

At the mediator's we did talk about me not being liable for whatever he puts there, that anything stored there is just his responsibility. The mediator did talk about what would happen if collectors come after him if his name is still in the house, the only way around it is for me to refinance, I yet have to find a lower rate than what I have (5.8).
I talked to him this morn and told him if he didnt' accept the new terms (1x a month, me not liable for ANY theft/loss/damage, him having to call before coming and having someone in the house when he does come). He started with the usual "I dont' know what's your problem with me putting stuff up there..." but I said either take it or leave it, if you dont' like it then just call your L and I'll do the same. He actually shut up for a while and he pretty much accepted, didnt' say yes but didnt say no either, anyways, we are talking tonight so I can forward the changes to the mediator this week, and this thing will be done.

[fig]

how much higher a rate would you get? It seems to me that the little extra you may have to pay would more than make up for your house being taken away.

just my thoughts

but

i don't really understand since I rent

[kml]

He started with the usual "I dont' know what's your problem with me putting stuff up there..."

I already told you how to answer this.

"My new husband won't like it"

Ha - maybe put in the agreement, 5 years OR until you remarry, whichever comes first!

Of course, you know he's doing all this because he needs a psychological toehold on his old life.

Ellie

[kml]

ps - I'm all for re-financing, who cares if it costs you $50 bucks more a month, maybe you can make that money up by renting that shed out to someone else!!!

Ellie

[cat03]

the feds have cut yet another point, wish the banks would pass on the savings :~|

I will bug my sis again, her friend does mortgages and she told me she'd ask her friend to let her know whenever the rate goes down, in fact, I'm calling her right now.

[Committed2Him]

Quitclaim

I agree, if you can get him off the planet, I mean off the loan thru a refi, great. If not then he is going to be technically liable but yet you are the owner according to the SA, right?

You may be able to sign a "quitclaim" document where he releases his ownership interest in the property (even though, according to the bank, he is liable).

The deed is registered with the county and is a separate document from any loan arrangements. (He would have to sign this document and then it gets sent to the registrar or county offices) Check with a notary, a realtor or mortgage person and they should be able to give you a quick answer.

Since he is still liable for the loan, I don't believe the mortgage holder can stop you from changing who the "homeowner" on the deed is but I could be wrong.

Quitclaim deed definition

Online Quitclaim Forms

[cat03]

hmm, never heard of such a thing C2H, will look that up, thanks for the link :). Yes, the paperwork says I have sole ownership of the home.

[BethM]

Oh boy cat,

I wouldn't refi or do anything with the house unless he signs a quit claim saying that he is signing his interest in the property over to you. Talk to your attorney. I can't believe that this wasn't already suggested.

Good luck,

Love,
Bethie

[cat03]

supposedly once I refinance I am getting rid of his name on the house, that was the point of refinancing at all, he agreed on removing his name off the deed and to get his name off the house when I refinance.