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Foreclosure/Quit Claim

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Brett13

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What is the name of your state? Alabama

At the time of my divorce three years ago, I signed a quit claim deed over to my ex, with the understanding he would soon refinance or sell to get my name off the loan. There was nothing in the divorce papers holding him to that though. He has since done neither, and is almost 90 days behind on a payment. (financial problems due to a substance abuse problem) He has actually gone over 90 days a few months ago, and foreclosure proceedings began; he then paid enough to prevent this. I found out about the foreclosing from a friend who saw my name in the newspaper. I now go online to check the status of the loan. Do I have any options other than paying the loan myself? Can I force him to sell the house? My credit is going down the drain because of this one thing... it is otherwise perfect. I own a home now, and I have never been late on a payment. Is there a way that he can sign the home back over to me? I've offered to sell it myself if he would do that, but he is very stubborn and not in a state of mind to make rational decisions. Would this be worth hiring a real estate attorney, or am I totally out of luck? Thank you for your advice.
 


HomeGuru

Senior Member
Brett13 said:
What is the name of your state? Alabama

At the time of my divorce three years ago, I signed a quit claim deed over to my ex, with the understanding he would soon refinance or sell to get my name off the loan. There was nothing in the divorce papers holding him to that though. He has since done neither, and is almost 90 days behind on a payment. (financial problems due to a substance abuse problem) He has actually gone over 90 days a few months ago, and foreclosure proceedings began; he then paid enough to prevent this. I found out about the foreclosing from a friend who saw my name in the newspaper. I now go online to check the status of the loan. Do I have any options other than paying the loan myself? Can I force him to sell the house? My credit is going down the drain because of this one thing... it is otherwise perfect. I own a home now, and I have never been late on a payment. Is there a way that he can sign the home back over to me? I've offered to sell it myself if he would do that, but he is very stubborn and not in a state of mind to make rational decisions. Would this be worth hiring a real estate attorney, or am I totally out of luck? Thank you for your advice.

**A: yes, hire the attorney to file an action for partition.
 

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