QUESTION

How do I obtain a special warranty deed to release me from a mortgage, without refinancing the home.

Asked on Mar 07th, 2023 on Divorce - Texas
More details to this question:
Recent divorce, my ex-wife is in contempt of court by not refinancing or selling the property within the 90 day timeframe. Is there a way of obtaing a special warranty deed without a refi or sale.
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2 ANSWERS

Commercial Litigation Attorney serving Frisco, TX at Reid Dennis & Frick, PC
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A special warranty deed would not remove you from the mortgage.  When you got divorced, your divorce attorney should have had your ex-wife sign a deed of trust to secure assumption.  The deed of trust would allow you to foreclose on the home if and when your ex-wife failed/fails to timely make a mortgage payment.When a divorce decree requires one party to sell or refinance a home within a certain period of time, you can petition to enforce the decree by having the court appoint a receiver to sell the property.  Often, in these situations, the receiver is a real estate agent.  
Answered on Apr 10th, 2023 at 9:39 AM

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Family Law Attorney serving Houston, TX at Gammell & Associates
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A deed will not absolve you of responsibility for payment of the mortgage.   The mortgage is a matter of contract between the lender and (presumably) you and your ex-wife.   A divorce decree cannot alter that contract because the lender was not a party to the divorce.  When you got divorced, your attorney should have prepared a deed to secure assumption (which, in effect would allow you to foreclose on the house if she doesn't make the mortgage payments).
Answered on Mar 08th, 2023 at 6:26 AM

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