How can I stop a quit claim after bankruptcy? 12 Answers as of June 09, 2011

Wife wont sign quit claim after we both Chapter 7. She moved out and we are in divorce. Bank wants a QC in order to modify my home loan. House is upside down. She is lagging on signing it. Can't I use something like a partition or get a court to remove her from title? I only have 20 days left until foreclosure. The bank will stop the foreclosure if I can get a quit claim. They need her of title.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can not do a partition action in 20 days. It could cost a small fortune to get that in front of a judge on short notice. Better go see a lawyer near you.
Answer Applies to: California
Replied: 6/9/2011
Carballo Law Offices
Carballo Law Offices | Tony E. Carballo
There is nothing legally you can do in such a short time. You need to beg and probably bribe her and hope that works..
Answer Applies to: California
Replied: 6/8/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
You can't just force her to quit claim her interest, even if the result is foreclosure. You may seek that remedy through the divorce court if that proceeding is still open.
Answer Applies to: Indiana
Replied: 6/8/2011
Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
Assuming that a divorce action has been filed, you should have your attorney attempt to get an ex parte order that the court clerk can sign the QC deed on her behalf. You can also file a Chapter 13 bankruptcy to delay the foreclosure.
Answer Applies to: California
Replied: 6/8/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If a bank requires a quit claim from both spouses and only one spouse agrees, there is no remedy other than a lawsuit which would be time-consuming and expensive.
Answer Applies to: California
Replied: 6/8/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    You should speak with your Divorce Attorney about filing an expedited motion demanding that a Quit Claim be signed to protect the home.
    Answer Applies to: New Hampshire
    Replied: 6/8/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    This is a question for your divorce lawyer. If you don't have one and have a battle about the house, frankly you are already too late. If you have a lawyer you MAY also be too late, but the lawyer will possibly be able to navigate the waters of an emergency hearing. Bear in mind that the house must be divided in a divorce, so you don't just get to make someone sign a deed midstream in a divorce, nor can you file a partition when you are in a divorce.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Lakelaw - Loop Bankruptcy
    Lakelaw - Loop Bankruptcy | David Leibowitz
    Your right to a quit claim deed from your ex-wife is not related to bankruptcy. It would more likely seem to be related to your divorce. If the divorce decree ordered title transferred to you and your ex-wife failed to do so, the court could order her to execute such a deed or in the alternative, issue an order which has the effect of transferring her interest in the real estate to you. Consult with your divorce attorney. If you are still married your wife's bankruptcy does not entitle you to a transfer of her interest in the real estate to you.
    Answer Applies to: Illinois
    Replied: 6/8/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    You can file a suit for partition, but it won't be resolved before 20 days. At this point, why does the quit claim matter?
    Answer Applies to: Oregon
    Replied: 6/8/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Are you saying they want her to quit claim her interest to you? Is this something you can get your divorce lawyers to handle? Or your bankruptcy lawyer? Is it really worth keeping the house if it's upside down? Will its value ever reach its debt? Take a look at the modification provisions (if they've shown them) to determine if it's worth your while; they're often not.
    Answer Applies to: Virginia
    Replied: 6/8/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    The family law court would likely be the place to go. The bankruptcy court has no ability to change any title to property.
    Answer Applies to: California
    Replied: 6/8/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    If you have a divorced filed you could request emergency help from the divorce court by filing an ex-parte request.
    Answer Applies to: California
    Replied: 6/8/2011
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