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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-08-2010, 10:17 AM
NotSoNiceEx NotSoNiceEx is offline
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Unhappy Mortgage Renewal and Property has not been settled?


I am new here and have been reading the posts and replies for a couple of days. I am really impressed with the responses. I have a question regarding Mortgage renewal.

Here is the situation, my husband and his ex wife own a home together. Less than 9 months after purchase, she kicked him out (he didn't know his rights at the time), she closed the joint bank account (even though it was his and she was added??) and he moved to a shelter.

He met me a year later. To make a long story short she wanted to stay in the home and the house is now up for renewal, he is good with her keeping it but he wants to be bought out or put the home up for sale. We have tried to contact her through our lawyer to hers and her counsel says she hasn't given him direction? Our lawyer states it means she either hasn't paid him, she is making unreasonable demands or is difficult. Which she is. She insists it is her house, she has been paying the mortgage alone with utilities and taxes, however he put down the deposit, paid a year in mortgage and the lawyer states he is entitled to occupancy charges he incurred since he was kicked out and had to rent.

We would try to call or email her directly but she has threatened him with the police and an order of restraint? I highly doubt trying to negotiate the division of property constitutes harassment but we don't want any more trouble, she has caused quite a bit.

My question is if he does nothing, and she tries to renew without him, can she? She went bankrupt shortly after they divorced and probably would require a co-signer to refinance, would he have to be off title to refinance, would the bank require his authorization to do so? I know it is illegal but if she forges his signature to renew and mails back the card, what do we do then? It is a little late in the day to start a new motion to force the sale of the home and we just don't want to end up with a foreclosure in the end. Thanks for any suggestions.
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