QUESTION
deeding land held as collateral on a mortgage
Asked on Jul 11th, 2015 on Real Estate - Utah
More details to this question:
In my divorce decree I was instructed to deed my collateral back to my ex-husband immediately. My attorney mandated this, and did not listen to me nor did he read my land title documents which clearly state I can deed the land back once the mortgage has been paid in full. (30 years) Now I am trying to retrieve it back in a quiet title, should my attorney fix this at his expense or mine?
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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You do not diclose how the divorce decree was created; by stipulation of the parties, or by trial. If it was by stipulation, then you agreed to this term of the decree and the associated distribution of property. If it was at trial, then there was a judicial determination, based on evidence presented.
You are in a difficult position, as your ex-husband can attempt to force your compliance with the decree. And, in any action to change the terms of the decree, or which affect the property division contained in the decree, could require a review of the property distribution under the decree.
You should communicate with a family law attorney with experience in divorce modifications, or potentially appeals.
Answered on Jul 12th, 2015 at 8:29 AM