I am attempting to have my mortage lender approve my loan modification, but I needed to get my ex wife to sign the documents, and I gpoke to her about this and she said she refuses to sign

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I am attempting to have my mortage lender approve my loan modification, but I needed to get my ex wife to sign the documents, and I gpoke to her about this and she said she refuses to sign

I won the house in my divorce, I got the deed and title out of my ex wifes name,
but I am going through a loan modification and my ex wife will not sign the
documents in order to get her completly off the house, how do I get my exs wife
to sign when it will only help her also becuase I do not want a forclosure on my
credit and she shouldnt want that eaither?

Asked on June 29, 2018 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can file a motion against her in your divorce case for "contempt of court" for her refusing to follow the court's order that the house goes to you--which therefore requires that she take reasonable steps to remove it from her name. Court orders are enforceable by the court--by fines and even by imprisonment, if necessary.
(For purposes of this answer, based on you writing that you "won" the house, we are assuming that there was a court order, decree, or judgment. If that was not the case and you instead resolved your divorce via a voluntary settlement, you can still enforce it, but do so by a "breach of contract" lawsuit, not a motion: same outcome, different process.)
Filing this type of legal action is not simple for the layperson (non-attorney); you are advised to retain a lawyer to help you.


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