How can I get my ex spouse to sign a quick claim deed? 1 Answers as of July 22, 2011

My ex husband has not paid on the loan of the house when he left now we are divorced and its states once I refinance that he has to sign a quit claim deed. But since we filed Chapter 7 while we were married and the house is upside down the bank told me to do a loan mod to save the home since it went into foreclosure because my ex did not hold his end of the money. The bank cannot remove him yet from the loan until I get it current so he is still on the loan and once my trial period is over than the bank said they would let me assume the loan to take him off. But my ex stated he won’t sign anything. The bank told me the court will make him sign it since it states in the decree that once we are divorced I get full possession of the house and he agreed to sign a quit claim deed if I get refinanced. The bank stated that he is foolish not to sign off on what is needed since that is the only way to get him off. Please advise what to do.

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Fox Law Firm LLC | Tina Fox
If it is part of the divorce decree, he is required to sign off on it. You need to hire an attorney to write a letter informing him of such and to possibly to take him back into court to enforce the judgment.
Answer Applies to: Illinois
Replied: 7/22/2011
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