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signed the deed over

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kdowd771

Member
What is the name of your state? Texas
I live in texas now but I bought some property in New mexico back in November of 1994. I got married in July of 1995.
Well in October of 2001 my psychotic spouse and I were sperated and attempting to get back together. In an effort to show her how much I was willing to try and work things out I signed the deed over on the New Mexico property to her. She is now on the deed by herself and I was on the mortgage by myself. I really thought we would work things out and it would not matter.

Well 2 weeks after I did that she got a boyfriend. Oh she is also a Licensed NM realtor. 2 months after that I filed for divorce.

Is there any way of getting this property back? I have been making the payments on it for 9 years and am filing Bankruptcy. Divorce is going on 18 months with me paying $1800 per month out of my $3100 take home. She can't get a loan on the property and refuses to give it back.
Is there ANYTHING that can be done?

I know NOW how STUPID I was to sign it over to her but I can't change what has happened in the past. Is there anyway to correct it or should I just right it off in the bankruptcy? I am in the military and the house is on a VA loan.
 
Last edited:


HomeGuru

Senior Member
kdowd771 said:
What is the name of your state? Texas
I live in texas now but I bought some property in New mexico back in November of 1994. I got married in July of 1995.
Well in October of 2001 my psychotic spouse and I were sperated and attempting to get back together. In an effort to show her how much I was willing to try and work things out I signed the deed over on the New Mexico property to her. She is now on the deed by herself and I was on the mortgage by myself. I really thought we would work things out and it would not matter.

Well 2 weeks after I did that she got a boyfriend. Oh she is also a Licensed NM realtor. 2 months after that I filed for divorce.

Is there any way of getting this property back? I have been making the payments on it for 9 years and am filing Bankruptcy. Divorce is going on 18 months with me paying $1800 per month out of my $3100 take home. She can't get a loan on the property and refuses to give it back.
Is there ANYTHING that can be done?

I know NOW how STUPID I was to sign it over to her but I can't change what has happened in the past. Is there anyway to correct it or should I just right it off in the bankruptcy? I am in the military and the house is on a VA loan.

**A: you need to contact your JAG.
 

kdowd771

Member
already did it. basically they were no help at all. They said get a lawyer off base.

There is a due on sale clause but the lender does not know about the title transfer. Actually they probably don't care as long as the payment is being made.
 

HomeGuru

Senior Member
kdowd771 said:
already did it. basically they were no help at all. They said get a lawyer off base.

**A: ok, there are numerous off base lawyers and may of them are really off base.
********

There is a due on sale clause but the lender does not know about the title transfer. Actually they probably don't care as long as the payment is being made.

**A: complicated issues require you to hire a personal attorney.
If you stop paying the mortgage the lender will file foreclosure.
 

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