Quit Claim deed under my ex, mortgages on my name

[Tg091567]

What is the name of your state (only U.S. law)? Florida

 

[Tg091567]

Quit claim deed under my ex, Mortgarges under my name

Hello I need your help.
I was married x 15 years, we have a daughter, and the final judgement was filed on April 2014, my ex is an Orthopedic Surgeon, and at the time of the divorced I had a bad luck finding an attorney that could represent my interests (first attorney vanished after I paid her the retaining fees, the second and third one whappends to be my ex husband's friends and due to my ex pressure I signed the Marital Settlement Agrrement without any counseling or attorney reviewing it for me)

We had 3 Properties together.

. I kept one with no mortgages and less value (about 350k)
. He kept the one we were living with a Loan x 600k and market value more that 1 million (The Loan is under my ex name and my name)
. He kept an apartment by the beach, with a Loan just under my name and value around 350k
. He also was supposed to pay my car insurance until the Lease expire (it will expire next April 2016) $153 x month
Among other agreements in reference our daughter that there is not need to mention)

According to the MSA, Quit Claim Deeds needed to be executed after the final judgement and they were done according to the final judgement (I signed two QCD for his 2 properties and he signed the one for my property)

What happened was that he was late several time paying the property that the mortgage is solely under my name.
Also he stopped paying my car insurance
.
I went to the Bank and I was told that even though I signed a QCD on his name for this property, the Loan is solely on my name, therefore I am the only responsible for his apartment debts.
In that moment I realized that I made such a big mistake, for not hiring an attorney at the moment of the divorce.

I hired an attorney on June 2015, he filed two motions for Content and compelled (for not paying me the car insurance) and the second motion to try to make him Re finance the two properties that he kept, and my name is Solely in one, and we are together in the other property.

After a long journey with my ex, and using some leverage he agreed to pay in full the loan that is solely under my name (138k) but my biggest concern is the house that he is living that has a loan of 600 k that if God forbid he dies I will be responsible for the mortgage no matter who live in the house, and I cannot afford because he is a physician in Miami, I am foreign Medical Doctor but I supported him, so he passed the Board and became a license physician in 2002.

He also agreed to reimburse what I already paid for my car insurance.
Yesterday I went again to the Bank and i was told, that they don't care what the final judgment says, they don't care is there is a QCD just in his name, I will always be responsible for the debt of the house, and if he pass and I cannot afford the house, my credit will be affected because the Bank will repossessed the house.
Tomorrow I have an appointment with my Attorney, but unfortunately I don't think he is fighting for me as he promesed when I hired and paid him.
Can you give me your thought?
Thanks
Teri

 

[justalayman]

in breezing through that I didn't catch where either party was ordered to refinance any involved mortgages such to remove the person relinquishing their rights to the property. Was that a requirement in the divorce and if so was it specifically tied to the quit claim action such as;

So and so will execute a qc deed relinquishing their rights to soon to be ex spouse; soon to be ex spouse will refinance said property to remove so and so from liability for mortgage loan?

 

[LdiJ]

Hello I need your help.
I was married x 15 years, we have a daughter, and the final judgement was filed on April 2014, my ex is an Orthopedic Surgeon, and at the time of the divorced I had a bad luck finding an attorney that could represent my interests (first attorney vanished after I paid her the retaining fees, the second and third one whappends to be my ex husband's friends and due to my ex pressure I signed the Marital Settlement Agrrement without any counseling or attorney reviewing it for me)

We had 3 Properties together.

. I kept one with no mortgages and less value (about 350k)
. He kept the one we were living with a Loan x 600k and market value more that 1 million (The Loan is under my ex name and my name)
. He kept an apartment by the beach, with a Loan just under my name and value around 350k
. He also was supposed to pay my car insurance until the Lease expire (it will expire next April 2016) $153 x month
Among other agreements in reference our daughter that there is not need to mention)

According to the MSA, Quit Claim Deeds needed to be executed after the final judgement and they were done according to the final judgement (I signed two QCD for his 2 properties and he signed the one for my property)

What happened was that he was late several time paying the property that the mortgage is solely under my name.
Also he stopped paying my car insurance
.
I went to the Bank and I was told that even though I signed a QCD on his name for this property, the Loan is solely on my name, therefore I am the only responsible for his apartment debts.
In that moment I realized that I made such a big mistake, for not hiring an attorney at the moment of the divorce.

I hired an attorney on June 2015, he filed two motions for Content and compelled (for not paying me the car insurance) and the second motion to try to make him Re finance the two properties that he kept, and my name is Solely in one, and we are together in the other property.

After a long journey with my ex, and using some leverage he agreed to pay in full the loan that is solely under my name (138k) but my biggest concern is the house that he is living that has a loan of 600 k that if God forbid he dies I will be responsible for the mortgage no matter who live in the house, and I cannot afford because he is a physician in Miami, I am foreign Medical Doctor but I supported him, so he passed the Board and became a license physician in 2002.

He also agreed to reimburse what I already paid for my car insurance.
Yesterday I went again to the Bank and i was told, that they don't care what the final judgment says, they don't care is there is a QCD just in his name, I will always be responsible for the debt of the house, and if he pass and I cannot afford the house, my credit will be affected because the Bank will repossessed the house.
Tomorrow I have an appointment with my Attorney, but unfortunately I don't think he is fighting for me as he promesed when I hired and paid him.
Can you give me your thought?
Thanks
Teri

I think that you are over worrying about what might happen if he dies. If he dies, the house will have to be sold and the mortgage paid off. Nobody who inherits the house from him is going to be foolish enough to throw away hundreds of thousands of dollars in equity by letting the house go into foreclosure.

 

[Tg091567]

The MSA said: husband shall be solely responsible for mortgage, taxes, and insurance on both properties and shall hold wife harmless from any liability on same. Upon the entry of the final judgement, wife shall execute a Quit Claim Deed relinquishing her interest in the properties to husband.
Which I did.
But we did not discuss anything about the Loan that it was solely in my name for one property and we are together in the other one, so according to the Bank I will be responsible if he does not pay, that's why I want him to re finance both properties now.

 

[Zigner]

The MSA said: husband shall be solely responsible for mortgage, taxes, and insurance on both properties and shall hold wife harmless from any liability on same. Upon the entry of the final judgement, wife shall execute a Quit Claim Deed relinquishing her interest in the properties to husband.
Which I did.
But we did not discuss anything about the Loan that it was solely in my name for one property and we are together in the other one, so according to the Bank I will be responsible if he does not pay, that's why I want him to re finance both properties now.

You can't force him to refinance.

 

[Silverplum]

This happens so often, I wonder why more divorce attorneys don't properly address the refinance issues.

The bank is not bound by your divorce agreement, only by your mortgage contract.

 

[Ohiogal]

This happens so often, I wonder why more divorce attorneys don't properly address the refinance issues.

The bank is not bound by your divorce agreement, only by your mortgage contract.

I do! I do!

 

[Zigner]

This happens so often, I wonder why more divorce attorneys don't properly address the refinance issues.

The bank is not bound by your divorce agreement, only by your mortgage contract.

The OP didn't have an attorney review the MSA.

 

[Tg091567]

The MSA was done by his attorney, and I didn't have an attorney that could review it. So right know I am on his hands

 

[justalayman]

The OP didn't have an attorney review the MSA.

At one point they did and given all the money being tossed about I cannot imagine 47 attorneys not lining up to take on op's side and filing a claim to have their fees paid by daddy warbucks.

It seems op paid one attorney and claims that attorney simply disappeared (really? They simply walked away from their practice and pulled their name from the state bar registration where there business practice address is also available?) and then attempted to hire two other attorneys but die to a conflict of interest could not accept op as a client but after that...

After that op simply gave up since I'm sure there are only 3 attorneys within 50 miles of where op lived that practice included divorce actions.



there is a lot more to the story but given the fact op apparently knew enough to hire an attorney in the beginning, it isn't ignorance of the need for an attorney.

 

[Tg091567]

I made a mistake for not hiring an attorney at the moment of the divorce, I gave up, I wanted to be fair, I should've let the attorneys to fight for what I deserves after 15 years of married, but I learned my lesson. Thank you all for your comments.
Regards

 

[STEPHAN]

I don't even think it was the idea to treat you unfair. It was just stupid how it was done.