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Ex-Spouse Demanding a Refi After 5 Years on Underwater Property

My question involves divorce in the State of: CaliforniaMy ex and I were granted a divorce in 2006, at which point I paid her in cash for her share of the equity in the property we had jointly purchased. At that time she also signed a quit claim deed, and the house has been titled in my name since. Since then I have kept current on the mortgage payments and all other costs associated with the property, but due to the mortgage crisis and the resulting negative equity have never been in a position to refinance. For the entirety of 2010 I attempted to work with the lender on an assumption, but was denied due to lack of income. The fact that I recently got laid off (second time in two years) would certainly seem to preclude the possibility of a refi or assumption in the near future. So, unfortunately my ex remains a named party on the mortgage today.Earlier this week I received a letter from her, demanding that I report to her full details of my past refinance efforts and that provide her with a status on my current refinance plans or face legal action otherwise. Obviously frustrating, especially as I have made several good faith efforts to refinance or assume the mortgage since our divorce, and have kept her abreast of those efforts.This in turn also prompted me to review the final divorce decree as filed with the county court back in '06. The decree does not contain any stipulation that would require me to refinance - it simply states that I will be responsible for "all mortgage and cost of sale" for the property. I also spotted that my ex, as the petitioner, did not claim any community debts.So, my question is this: what legal recourse, if any, would my ex have in this scenario? I am not inclined to personally respond to her at all... Frankly, I'm tired and frustrated by having her repeatedly demand something (a refi) when I've given her full disclosure and info already on the reasons why this is simply not possible. What would be my most appropriate course of action? Would I be best served by having a divorce attorney draft a response letter? Would it be appropriate to respond with a cease and desist in such a case? by robert9977 from Costa Mesa, California. Mar 30th 2011 Reply


Chris Gummerson (cgummerson11)
#397 ranked lender in California - 648 contributions

Robert, I understand and feel for your situation. There is nothing you can do if your home is underwater, you cant refi, you stated your lender wont work with you on assumption, and it seems there is no way out. You cant assume the loan, because you are on the note already. Do you know what type of loan you have, conv. FHA...Do you know how upside down you are? The proplem you face is the court will say one thing, and the lender, who really calls the shots regarding your property and loan, says another. If your income is not there, chances are you are stuck. See a GOOD attorney who can help you figure this out. If you go to court and show your due dilligence and documented attempts, then the court SHOULD make a fair agreement, such as deed in lieu or foreclosure or some other alternative. Why does she need to be off the loan is such a hurry? If she is trying to get qualified for some thing else, you are making the payments and can document them so that should cancel her obligation to the debt. Good luck to you. You might check with Divroce attorney and a RE lawyer on this...

Mar 30th 2011
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