Anyone in B'ham area know a good lawyer to speak to ?

P · Feb 23, 2010

I need some advice , yes divorce related ( yea my shits been final since November buuuuuuuuuuuuuuuuut )

Specifically quick claim deeds, houses and me still on a got damn mortgage loan for a house my ex can not get re-financed for.

I need education, advice and legal information.

Bones · Feb 23, 2010

Oh balls! Can you afford it? Do you WANT to afford it? You might be affording it...

Jeepnron · Feb 23, 2010

P,
You have to treat this deal just like a business transaction. This is the deal, if she wants to keep the house then she either gets it refinanced in her name or she sells it ASAP and buys her own house in her name only. I know the market is not good, but this has to happen! The sooner you get your name off the mortgage, the better for you. This single item has been the downfall of many men with good intentions, that comes back to bite them in the a$$!
Good Luck!

P.S. I would hope that you would have put this in the divorce paperwork, but if not, I would sit down with your ex and set a date at about 90 days out and say it must be done by this date and have both parties sign it. If she refuses, then I would get a lawyer. This is basically all he is going to do.

BamaTJ · Feb 23, 2010

Yeah this is a rough time for this because you will be hard pressed to sell your house in this market. Get your name off the loan or put it up for sale. I know several lawyers but none in the divorce field.

Bones · Feb 23, 2010

Jeepnron said:
P,
You have to treat this deal just like a business transaction. This is the deal, if she wants to keep the house then she either gets it refinanced in her name or she sells it ASAP and buys her own house in her name only. I know the market is not good, but this has to happen! The sooner you get your name off the mortgage, the better for you. This single item has been the downfall of many men with good intentions, that comes back to bite them in the a$$!
Good Luck!

P.S. I would hope that you would have put this in the divorce paperwork, but if not, I would sit down with your ex and set a date at about 90 days out and say it must be done by this date and have both parties sign it. If she refuses, then I would get a lawyer. This is basically all he is going to do.

I would say he is AT that 90 period already.

Just because the judge said "it's hers" it's still yours too....Hope they give her a QCD even though she can't afford it...

Juan_Hong_Loe · Feb 23, 2010

Marshall Entelisano not B'ham but here in Tuscaloosa. Doesnt hurt to try. 205-752-1202 Looks like you might not be able to be released from the "Mortgage contract" because it is a contract. He's not a divorce lawyer per say, but has done them quite often. Give him a call and tell him I told you to call him. He's a good customer of ours, previous military, and seems pretty slick. Probably knows me as Daniel from Truck Supply. :dunno:

Worth a try.

caglezxj · Feb 23, 2010

David Luker and Associates.... The best...He teaches law school andhas tought most of the other high ranking lawyers in B'ham. 205-251-6666 and I remember that number by heart. If ever needed again he would be who I called.

Jeepnron · Feb 23, 2010

P,
In the divorce decree there should have been something about the house............If the judge says she gets to keep it, then all that means is that she keeps the house and all the equity if there is any in the house in the event of a sell. Either way, there should be something written in the paperwork about how much time she has to get this taken care of. If not, you need to have something drawn up, dated, and signed by both parties. In this market 90 days my be unrealistic, but 180 days should cover it.
Good Luck!

Bones · Feb 23, 2010

Jeepnron said:
P,
In the divorce decree there should have been something about the house............If the judge says she gets to keep it, then all that means is that she keeps the house and all the equity if there is any in the house in the event of a sell. Either way, there should be something written in the paperwork about how much time she has to get this taken care of. If not, you need to have something drawn up, dated, and signed by both parties. In this market 90 days my be unrealistic, but 180 days should cover it.
Good Luck!

Missing it I think...that time as passed. A decree is worthless if the other does not pay those bills or get them in their name. She needs to sell or refi the house and it looks like she can't refi it.

jwilson645 · Feb 24, 2010

Seems like I've heard that even with a QCD it doesn't release you from the actual mortgage. She'd have to get it financed in her name to release you from that.

P · Feb 24, 2010

Problem is, Im already screwed. I was lead to believe QCD was going to be adequte to get me off the loan and that is incorrect.

QCD only means I gave up my rights of ownership on the house, so I have no rights but yippee me, Im still financially held liable if anything goes south. :wtflol:

BamaTJ · Feb 24, 2010

Like Bones said, if she cannot refinance then put it up for sale. Late spring/summer is the best time to sell since people tend to relocate once school is out.

Bones · Feb 24, 2010

Sounds right. I would highly frown on a QCD in any situation.

B Gillespie · Feb 24, 2010

Bones said:
Sounds right. I would highly frown on a QCD in any situation.

Truth.

Most pertinent legal info is available online. Research your situation before you hire an attorney and continue to educate yourself on the situation and proceedings. Passing the bar doesn't equal intelligence.

I know NOTHING about AL specific law, but email me if you have any general questions. telcomtechinc at gmail.