QUESTION

My spouse is on the deed, I am only on the mortgage and he is co-signer but their is a lien on the property in his name, What are my options in NYS?

Asked on May 20th, 2013 on Real Estate - New York
More details to this question:
My spouse bought the house in 1999 he is the only one on the deed, in 2004 we refinanced (persuaded by Primerica that it would be better after coming to find out it wasn't) so now my name is on the head of the mortgage and him as co-signer, but my spouse invol surrendered his new truck and they put a lien on the property against him unknowingly. When I called my mortgage company (which I paid ontime since 2004, ($57000 at 9 1/2% interest) to refinance to get a lower interest rate they told me I couldn't do so as there was a $20000 lien placed on the property on him due to NYS law. Now we are in a middle of divorcing and I feel as if it's entrapment. I was advised to make sure on the divorce papers to make sure it states he is responsible for the lien and half of the mortgage. What are my options? Please help.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
While as between you and him in the divorce case, you can get him to pay the lien, as between you and the bank with the lien, the lien is on the property, and will not come off.  There is nothing you can do about that.
Answered on May 26th, 2013 at 11:00 AM

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