Quit Claim Nightmare!! Please help....

[drd2000]

What is the name of your state? Tennessee
My husband was previously married and the deed of his property was in his, his ex wife, and her mothers name. The ex mother in law passed away, then later him and his ex wife divorced. In the papers it says he is awarded any and all property that they owened jointly or privately. After his divorce he had the property refinanced in his name only, but at a horrible rate. We are both now trying to refinance it in both our names to get a better rate and they are saying that we need a quit claim. As the refinance company suggested, we got a certified copy of his divorce papers and had it recorded with the register of deeds only to find out by the refinance companies closing attorneys that we have to have the quit claim. We don't have a clue where this woman (his ex wife) is and really don't want to know. Why or how can one company accept what documentation we have and another not? Does anyone have any suggestions at all. He and I have been very stressed over this whole situation. Thanks to anyone who took the time to read this.

 

[lclapp]

You should really find out why he didn't have his ex-wife removed when he refinanced since she would have had to sign legal documents in order to close. Sounds a little strange to me!

 

[BelizeBreeze]

O.K. interesting tale. Now, please tell us what was done at the time of granny's death to transfer title to the two of you?

 

[drd2000]

You should really find out why he didn't have his ex-wife removed when he refinanced since she would have had to sign legal documents in order to close. Sounds a little strange to me!

Thats what I don't understand, he didn't have anything else done. He thought the papers were all he needed. I even have the legal papers showing from his closing on the first refinance "This deed of trust is made on Feb 1 2002. The grantor is (My husbands name), A single man". The company we are dealing with now is telling us that this wasn't done legally, that somehow the lawyers from the first closing didn't do this right. I'm totally confused and he is too.

 

[drd2000]

O.K. interesting tale. Now, please tell us what was done at the time of granny's death to transfer title to the two of you?

To my knowlege nothing except that he sent a copy of the death certificate to the company on his first refinance after the divorce. All three names are still appearing on the title/deed and on his tax papers. The title hasn't been transferred to me. That's what we are working on. My credit is better than his so by putting me on in the refinance is helping us a lot, but we don't have the quit claim to proceed. We just sent a copy of the ex mother in laws death certificate to the attorney that is currently working on this close for us.

 

[BelizeBreeze]

You need a real estate attorney (an possibly a probate attorney) like a year ago.

 

[drd2000]

You need a real estate attorney (an possibly a probate attorney) like a year ago.

I really don't know what to say to that. My concern is that we aren't going to be able to locate her and if we do she may refuse to sign the papers. Of course we have been told she couldn't fight it because it says in the divorce papers that they agreed he gets the property and they agree to both excute whatever paperwork necessary to make this happen, which is what was never done. My husband was married for 7 years, his wife cheated on him, he didn't have the most clear mind while going through this. Apparently this was looked over, not only by him, but my the first refinance company.

 

[lclapp]

Ok, more details are needed here. What was not done properly? Not executed? Not recorded?

 

[drd2000]

Ok, more details are needed here. What was not done properly? Not executed? Not recorded?

Sorry, I'm trying to give all the details I know. According to the divorce papers which have now been recorded he is awarded all real property owned jointly or separately. It also states in the papers however that they both agree to taking care of the paperwork on their own. My husband didn't realize that meant a quit claim.When he first refinanced the home immediately after the divorce he had to send copies of his divorce decree and the copy of his ex mother in laws death certificate. They put on his papers for the refinancing that the grantor is ( my husbands name) then it says "a single man". He didn't have to send them anything else. All went through and the house was refinanced, but his property tax bill shows all three names. Now to the present, I'm his new wife, we are looking to refinance. Our refinance lady said since the quit claim was never done we needed to get a certified copy of his divorce decree and take it to the register of deeds and have it recorded. We did this and $63.00 later we are being told that the attorney for our closing says the way the papers are worded the quit claim must be done. We do not understand how the first company was able to refinance like he is the single owner when the title is still showing all three of their names on it. Nothing more has been done on our end at this time except we are trying to find out where she is. The current attorney is saying the first refinance was not done legally and we don't know what to think about that. I'm worried that we won't find her, or she won't sign, or she will fight this. If you need more information let me know.

 

[lclapp]

There is a lot going on here. First and foremost I would go to the county and see how the mortgage was recorded. The mortgage has to match deed. If the mortgage have all three names on it and all parties did not sign (this would not be recorded by county). You could sue the mortgage company for the full amount of the mortgage plus interest. If the mortgage has only your husband's name on it then the county would also have a deed to match. As far as locating the ex-wife. She would have to sign sooner or later, your hubby should have taken care of this a long time ago.

 

[drd2000]

There is a lot going on here. First and foremost I would go to the county and see how the mortgage was recorded. The mortgage has to match deed. If the mortgage have all three names on it and all parties did not sign (this would not be recorded by county). You could sue the mortgage company for the full amount of the mortgage plus interest. If the mortgage has only your husband's name on it then the county would also have a deed to match. As far as locating the ex-wife. She would have to sign sooner or later, your hubby should have taken care of this a long time ago.

I appreciate your input. I do have a question for you...When you say county, do you mean the register of deeds? I just called them and they show the current mortgage recorded and on file just in my husbands name, but they also show the title/deed in all three names. The lady said they don't question those things such as names, she said half of them may not be legal but it's done.

 

[lclapp]

Get an attorney and go after the mortgage company

 

[schalum@hotmail]

I am not why you are so reluctant to get the quit claim. How come you don't want to ge the quit claim. I don't believe it is that costly.

 

[drd2000]

I am not why you are so reluctant to get the quit claim. How come you don't want to ge the quit claim. I don't believe it is that costly.

If you read the whole story you will see that it's not reluctancy on our part, the quit claim is drawn up, it's finding her that is a problem. We have no idea where she is and the family of hers that we are trying to contact either doesn't know or isn't talking. She moves around a lot from what we hear and usually doesn't stay employed so, it's not that we won't do the quit claim, it's that we can't find her. Yes, I'm not too happy about having to contact her, but of course we will do it if that's what's needed, we just aren't having the luck in tracking her down

 

[drd2000]

Get an attorney and go after the mortgage company

Thank you for the advise, we may do that.