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Use and Possession

  • Thread starter Thread starter pepsir4me
  • Start date Start date

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pepsir4me

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My divorce was finalized in January, 1999. My exhusband was ordered to pay child support as well as one half of our mortgage payments. The judge gave me use and possession of our family home for the length of three years. To date, he is in arrears $24,092.96 in child support payments and $11,131.00 in mortgage payments. We went back to court in August for non-payment and he failed to show up. They issued a bench warrant for his arrest and he has never been apprehended. My problem is that since his name is on the house, I can't refinance or sell. Is there anything I can do to get his name off the house since he abandoned his children and his responsibility? He has never made any mortage payments since the house was purchased and there is no equity in the house. Also, the judge that granted me my divorce put a stipulation on the title that I only have use and possession for three years. When I tried to refinance through loss mitigation the mortage company did a title search and that is when I found out about the stipulation. They would not refinance because they said I would not have any interested in the house after 2002. Please help if you can...I need it.

I live in the state of Maryland.

 


HomeGuru

Senior Member
You have various issues that can not be easily responded to. Talk to a real estate attorney in your area.
 

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