Dispute With Lawyer

- - Home

Expert, localized Los Angeles answers provided by Heather Roy

Dispute With Lawyer
	My husband and I were recently divorced and I was awarded the house, along with the mortgage payments. My name is not on the mortgage payments or the deed. The lawyers were supposed to quit claim the deed and add my name, but I am not sure this was done as I am in a dispute with my lawyer over fees. How can I verify if this was done? The judge gave me ten years to get a mortgage in my name, however if I sell the house all the proceeds would go to me. How do I ensure my interest in the home until I get a mortgage in my name? I have been a stay at home mom for 12 years so getting a mortgage will be difficult. Right my only source of income is child support, which is enough, but no verifiable income otherwise. Can I get a mortgage with guaranteed child support as my income? Could I take any equity out of the house when I get the mortgage in my name? The house is worth about $20,000 more than what I owe on it.

	If I were you I’d try very hard to put off any dispute with the lawyer until after everything is settled. You don’t want to rely on the advice of a newspaper columnist at this critical period. The public records will show whether or not a new deed was filed naming you as sole owner of your home. Anyone is entitled to go to the county records office and examine the documents. You can relax about the name on the mortgage; that’s not what determines ownership. A lender will consider those child support payments as “guaranteed” income only after you can show you’ve been receiving the checks for some time. If and when you do refinance, I wouldn’t advise trying to take any money out. Your financial situation sounds a bit precarious, and you could end up in trouble if you didn’t have any equity in the house.
	Edith Originally published on July 6, 2006

	Back to Summary	< Previous \| Next >


SEARCH: Search for questions about Mortgage, Finance & Taxes