QUESTION

How can my fiance obtain a copy of the Special Warranty Deed he signed in court if it wasn't filed?

Asked on Mar 21st, 2014 on Residential Real Estate - Texas
More details to this question:
My fiance ex-wife was awarded the house and he signed a Special Warranty Deed in court but never received a copy. It is also noted in the divorce decree that he signed a special warranty deed. We went to the Dallas County records department to obtain a copy and was informed that there wasn't a special warranty deed filed, only the original deed of trust. She is remarried, they are constantly late and behind on their payments, he is receiving calls from the mortgage company. He said there was a part of the special warranty deed saying that if she fall behind he could sale the house (not in those exact words). He have asked her to refinance to remove his name from the loan, she refuse to do so. He called the mortgage company and they sent him some "Assumption" forms to mail to her. We have done that and still nothing. We are currently engaged and eventually we will be in the market to purchase new home ourselves. He keep asking her to refinance or fill out the assumptions forms.
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1 ANSWER

Marion Cain
He should contact his divorce attorney to resolve this problem, or if he did not have an attorney, call her attorney.  It is possible that one of the attorneys was to file the Deed and forgot so it may just be in one of the files.  ( I hope it turns out to be that simple!!)  Should this not work he will have to go back to the court to enforce the decree.  Family law courts usually reserve jurisdiction for just this type of problem!
Answered on Mar 26th, 2014 at 2:50 PM

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