QUESTION
How can I stop a quit claim after bankruptcy?
Asked on Jun 06th, 2011 on Bankruptcy - Georgia
More details to this question:
Wife wont sign quit claim after we both Chapter 7. She moved out and we are in divorce. Bank wants a QC in order to modify my home loan. House is upside down. She is lagging on signing it. Can't I use something like a partition or get a court to remove her from title? I only have 20 days left until foreclosure. The bank will stop the foreclosure if I can get a quit claim. They need her of title.
6 ANSWERS
Litigation Attorney serving Portland, OR
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Daniel G. Hoarfrost
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You can file a suit for partition, but it won't be resolved before 20 days. At this point, why does the quit claim matter?
Answered on Jun 08th, 2011 at 5:23 PM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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Are you saying they want her to quit claim her interest to you? Is this something you can get your divorce lawyers to handle? Or your bankruptcy lawyer? Is it really worth keeping the house if it's upside down? Will its value ever reach its debt? Take a look at the modification provisions (if they've shown them) to determine if it's worth your while; they're often not.
Answered on Jun 08th, 2011 at 5:22 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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There is nothing legally you can do in such a short time. You need to beg and probably bribe her and hope that works..
Answered on Jun 08th, 2011 at 4:09 PM
You can't just force her to quit claim her interest, even if the result is foreclosure. You may seek that remedy through the divorce court if that proceeding is still open.
Answered on Jun 08th, 2011 at 12:06 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If a bank requires a quit claim from both spouses and only one spouse agrees, there is no remedy other than a lawsuit which would be time-consuming and expensive.
Answered on Jun 08th, 2011 at 10:45 AM
Glen Edward Ashman
This is a question for your divorce lawyer. If you don't have one and have a battle about the house, frankly you are already too late. If you have a lawyer you MAY also be too late, but the lawyer will possibly be able to navigate the waters of an emergency hearing. Bear in mind that the house must be divided in a divorce, so you don't just get to make someone sign a deed midstream in a divorce, nor can you file a partition when you are in a divorce.
Answered on Jun 08th, 2011 at 10:35 AM