Ex-Husband Refuses To Sign Quit-Claim Deed; What To Do?

Q: In my divorce, I got the house. The county auditor told me I need to get my husband's signature on a quit-claim deed to take his name off the title, but my husband refuses to sign. How can I protect myself and my children?

A: "It's the judge's order that transfers the title," says Bellevue family law attorney C. Scott East. "If the decree has been done right, that should be accepted by the county recorder." East suggests you show the recorder's office copies of your official documents. If personnel there still insist that the title can't be transferred from those documents alone, ask what else is needed. "It could be that another order (from the court) is needed, but I don't think so if the (original) order was done right," East says. One other thing: Usually the separation contract that precedes the divorce stipulates both parties agree to sign any paperwork needed to enforce the judge's ruling. If your husband must sign a quit-claim deed and he refuses, it's possible he could be in violation of your separation contract.

Q: How can I get my private mortgage insurance dropped? I paid $182,000, owe $167,000 and a realtor's analysis shows my home's worth $215,000. My lender says my balance must hit $145,000 before I can drop PMI. What can I do?

A: If it's any solace, frustrated homeowners like you have been bombarding Congress to set national standards for the handling and removal of PMI. So far that hasn't happened. Lenders commonly

require PMI if your down payment is less than 20 percent. Some will allow you to drop the PMI when your equity either from pay-down or appreciation reaches 20 percent, which yours surely has. However, Bonnie O'Dell, director of consumer affairs for Fannie Mae, says most mortgage contracts carry an agreement that you'll carry PMI for the life of the loan, "although most (lenders) do allow it to be removed at some time." But the point is, they don't have to.

Fannie Mae, which underwrites 20 percent of all home mortgages (making it the nation's largest home-loan source), does require its participating lenders to remove PMI upon proof of 20 percent. That proof must be an appraisal you pay for; a realtor's analysis won't do it. O'Dell suggests you ask your lender for the name of the investor underwriting your loan. If it's Fannie Mae, the lender must tell you. If it's someone else, that's not automatically the case. Should you suspect it is Fannie Mae and you're being lied to, O'Dell advises you to write to the Fannie Mae Consumer Resource Center, 3900 Wisconsin Ave. N.W., Washington, D.C. 20016. Include your name and complete property address, plus the name and address to which you send your mortgage payment. If your lender tells you some other source funded your loan, write to them, describing your situation and ask how you can get your PMI canceled.

Q: Two years ago I bought a home. Soon after I lost my job, was out of work for six months and lived on credit cards. As a result, in July 1996 I filed for bankruptcy and also had a rental condo go into foreclosure. I'd now like to sell my house. What are my chances of qualifying for a new mortgage elsewhere?

A: For a precise answer, Barbara Hart, underwriting operations manager for CTX Mortgage, says she'd need to know how and when the foreclosure was handled. Typically there's a two-year wait after your bankruptcy discharge date before lenders will trust you again. For a foreclosure, it's usually three years. If you can prove your bankruptcy was beyond your control, that could shorten the wait. However, you could get into another house now, Hart says, by assuming an existing mortgage that didn't require credit qualifying, or by taking out a new loan at a much higher interest rate. Your last option is to sell here, move and rent in your new location until lenders find you credit-worthy. If you scrupulously pay all your bills on time and have steady employment, that won't be a problem, Hart predicts.

Home Forum answers readers' questions every Sunday in the Home/Real Estate section. Send questions to Home Forum, Seattle Times, P.O. Box 70, Seattle, WA 98111, or call 206-464-8510 to leave your questions on Home Forum's recorded line. The e-mail address is erho-new@seatimes.com

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