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Lee Borden, Attorney at Law

Lee Borden, Lee Borden is a lawyer and divorce mediator in Birmingham, Alabama. In his own words, "I am honored to be the moderator of the Alabama Forum on Divorcenet.com. This is a wonderful resource for people who are going through divorce, and I'm pleased to be part of it."

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#217120 - 04/24/09 12:35 AM Quit claim deed & getting house in my name
Rainman Offline
Member

Registered: 04/13/08
Posts: 23
In October, my ex was ordered to sign the house over to me within 6 months. I was to then get the mortgage in my name, instead of his. Supposedly, he signed a "quit claim deed" at his attorneys office several months ago. I, however, have yet to see it.
Now, he's claiming that I'm in violation of the order because I haven't removed his name from the mortgage. Since the mortgage is ONLY in his name, I can't even talk to the mortgage company about the mortgage, believe me I've tried. He's even gone so far as to block me from accessing the mortgage company's website which is where I've been paying the bill for the past 6 years. He blocked my access, changed the username & password, & added a password reminder that I can't figure out. I have NO record of this loan, other than what's on the website, so I've no clue how I'm goin gto continue paying it.
My ex is bipolar & has been manic for quite a few months now. When he's manic, he does stuff like this to me. Because I won't endulge him by fighting back, he keeps at it. I had to dismiss my lawyer a few months ago because he kept sending him letters complaining about me. Everytime he did this, my attorney billed me for his time (as he probably should have).
My questions are:
1. since I can't pay the mortgage now, what can I do to keep from being forclosed on. is there anyway I can make the mortgage company talk to me?
2. is he in violation of the court order for not providing me with the "quit claim deed".
3. Am I in violation of the order for not removing his name from the mortgage, even though I don't have the "quit claim deed".
4. is there any way I can legally protect my finances from his mental illness?

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#217122 - 04/24/09 06:18 AM Re: Quit claim deed & getting house in my name [Re: Rainman]
Lee_Borden Offline
Enthusiast
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Registered: 03/23/05
Posts: 262
I recommend that you write a letter to your Ex and send a copy to his attorney and to the mortgage company. Use the suggestions on this page as a guide. You want to create a record making it clear that you are unable to move unless and until you have the access you need to the information about the loan from the lender. The quitclaim deed is essential, but not yet urgent.

Note the instruction on the page to which I linked. Do not make assumptions about your Ex's motivation. You just report what the problems are and let others conclude that your Ex is loony.
_________________________
Lee Borden - Divorceinfo.com

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#217627 - 04/30/09 05:36 PM Re: Quit claim deed & getting house in my name [Re: Lee_Borden]
Rainman Offline
Member

Registered: 04/13/08
Posts: 23
Thanks for the info, it worked. I followed your advice, mailed the letters, & gave him a deadline to unblock me from the online site as well as giving the mtg. company permission to speak with me. I now have access & I can speak with them.
I'm also going to send letters reiterating the due dates on child support & alimony since he seems to think the order is more of a "suggestion".
Thanks again!

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