QUESTION

my house was awarded to me in 2009, however in I was

Asked on Apr 20th, 2015 on Real Estate - California
More details to this question:
in 2012 my ex-wife had 2 judgments. My divorce attorney failed to file to have her name removed, therefore I cannot get a clear to refrnance to remove her name?.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Unfortunately, I get this question a lot, and there is no easy answer. The fastest and easiest way is to have a title company or a lawyer prepare the grant deed to transfer your ex's interest in the house to you, and send it to her with a polite, non-threatening letter asking her to please have it signed and notarized, in order to complete your divorce. If she refuses or fails to respond, the next step would be to have someone like me call her and try to talk her into it. if that doesn't work, you may have to offer to pay her something in order to buy her signature. As long as it doesn't cost more than taking her to court, it's worth it. Taking her to court will take two months and cost at least $1000.00. If that doesn't work, then you have to take her to court. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  
Answered on Apr 20th, 2015 at 2:05 PM

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