House selling RANT

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Dario

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Apr 14, 2005
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Austin, TX, USA.
As you all know I moved and had to sell my house. The original buyer backed out and made a deal with another who is next in line but had some problems...here is my sob story.

On 2000 my ex-wife divorced me for another man. I gave her our house as part of the settlement (for my kids).

A year later she decided to move to Austin, TX and sell the house but her attempts was not successful. She threatened to just let it foreclose unless I want to take it back. Since the loan is under my name, I bit it and got her sign a notarized "quit claim" which is the same as what I signed.

I am selling the house now since we moved but learned that her "quit claim" was not done right...her first name is abbreviated on her signature thus it is not valid. To complete the sale, I need to get her to sign another but she came back that she will only sign if she will get half of the sales proceeds.

It is not much but the principles is really wrong but I can't think of anything else other than bringing her to court which I was told will cost a lot.

In the end, I might have to give in to her "extortion" but it is sad how some people can take advantage of others.

Sorry...just venting since it made me (literally) sick. Our only consolation is knowing that...GOD never sleeps.
 
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Did you have an attorney involved in the Quit claim? If not then I'm afraid there is not much you can do except to give her what she wants.

Unfortunately if you do not dot all the I's and cross all the T's you can get bit in the end. Whenever dealing with a residence the fee paid to an attorney is money well spent.


I'm sorry that this is happening to you.
 
Dario,

Divorce is a pain. However, the pain can be reduced by a good attorney. Sounds like you should visit an attorney and have BOTH the HOUSE and the DIVORCE paperwork cleaned up. Divorce problems stick around until your LAST child reaches age 18. Every time you get a little ahead in life, she can try to get SOME of it, unless the paperwork is SPECIFIC.

While an attorney SEEMS expensive, it puts your divorce BEHIND you, not constantly REOCCURING!!!

And, if the house paperwork is not correct (in Wisconsin), you can be responsible for repairs to the house for the next five years. This also can be a pain.

An ounce of prevention.............

GOOD LUCK, whatever you choose to do.
 
Isn't there a guy named Guido on this forum with a bad bite?!?
Dario, I'm so sorry to hear this is happening to you -- nice people don't deserve this sh*t! [:(!]
 
Dario - Do not give up unless the potential gain on the house is not material AND she can afford to go to court. Gather as much paperwork as you can...cancelled checks from mortgage payments, the signed quitclaim, any other correspondence...EVERYTHING you can find. Make an appointment with a SHARK. It will cost a few hundred dollars, but he will lay out your options and your probability of winning. For the cost of a court filing, you may shock her into more reasonable behavior. Good luck.
 
I am a trusting guy...which is my biggest fault in this matter.

I never hired an attorney and just agreed with her demands. I did contest and won a few...including her bid to collect $800.00 monthly alimony (in the grounds of co-habitation).

I ended paying half her attorney's fees and the full house mortgage until the final decree came out though she and her lover were the ones living there that past 5 months! [:(!]

Divorce is a hellish ordeal and would never pray for it even to my worst enemy.
 
Heh, here's an angle to check. If they are that very specific on the quit claim, did you do yours properly? If not, it is yours, has been yours, etc.

Please also, when you redo it, do a warranty deed rather than a quit claim. Subtle difference but important.
(Having just been through this)

GK
 
Originally posted by DCBluesman
<br />Dario - Do not give up unless the potential gain on the house is not material AND she can afford to go to court. Gather as much paperwork as you can...cancelled checks from mortgage payments, the signed quitclaim, any other correspondence...EVERYTHING you can find. Make an appointment with a SHARK. It will cost a few hundred dollars, but he will lay out your options and your probability of winning. For the cost of a court filing, you may shock her into more reasonable behavior. Good luck.
Click to expand...

Lou,

How can one find one of these "Sharks"?

I have all the paperwork, payment slips as well as online access to all the cancelled check payments.
 
Dario,
Sorry to hear of this and know how that must make you feel, if you need anything dont hesitate to call or write.
 
Greg,

Mine was done properly, the only problem with hers is the "abbreviated" signature.

The angle I am considering is stopping payment since apparently, she still owns the house. Not sure how that will play though. It is one of those damned if you do, damned if you don't thing. BTW, she wants t take the house so she can re-sell it. She is now a Realtor and knows the ropes.
 
ps require paperwork for everything in the future. Make it so she can't request you to do anything unless it is in the form of a signed/notarized letter. That will stop her future shenanigans/double-crosses cold.

GK
 
Originally posted by Dario
<br />I am a trusting guy...which is my biggest fault in this matter.

I never hired an attorney and just agreed with her demands. I did contest and won a few...including her bid to collect $800.00 monthly alimony (in the grounds of co-habitation).

I ended paying half her attorney's fees and the full house mortgage until the final decree came out though she and her lover were the ones living there that past 5 months! [:(!]

Divorce is a hellish ordeal and would never pray for it even to my worst enemy.
Click to expand...

Dario,
My divorce started out very amicable, also. We would both use the same attorney (a friend we shared) and the results would be fine.

One day, this attorney said to me, "When push comes to shove, I am (my ex-wife)'s attorney." Well, I figured being in a divorce, push had already come to shove, so I got my own attorney. He always told me, "Keep it as friendly as possible, don't sweat the SMALL stuff!!" On this basis, we got a good settlement and lived "happily divorced" ever after. Children's expenses were well defined and I am grateful for that, to this day. (My kids are now over 30, so this is ancient history!)

He cost a fair amount, but the "mental trauma" was greatly reduced. I think it was well worth it.

One attorney, I found out, can only represent ONE person. But, if the attorney that you paid half for is also responsible for the quit claim, you may consult another attorney to approach him about the signature inadequacies. (Malpractice or at least, inept. The original attorney may then help you clean up the quit claim, to save his professional hide.)[:0][:0][:0]
 
I won't get into my ordeal but suffice it to say, If I had lived 500 years ago i would have impailed my eX on a stake in the town square. This was 18 years ago and I would do it today if it were legal.

Divorce is hell and 99.9% of the time you cannot be a nice guy about it.

Mike
 
Frank is correct... get an attorney. Good luck. Seems wrong that she could make an offer in good faith and then not follow through. Also seems that whenever I have bought or sold property that I had to sign a form allowing for the correction of clerical errors such as misspelling of names or typographical errors. Maybe a good attorney could convince her of this eh?
 
Sorry to hear of your problems. I would go with the attorney. I'd hate to let me kids think that my ex(not that I have one) can basically do whatever she wants. Bad lesson for the kids to learn.
 
got her sign a notarized "quit claim" which is the same as what I signed.
If she signeed infront of Notary isn't Notary Liable for making sure signatures are correct? She could have signed wrong on purpose knowing that this would come up later, if so it is fraud could be prosecuted for major criminal offense. Talk to Texas Attorney General's Office or your local District Attorney they may be able to help. Sounds like it may have been done on purpose if you can prove that she signed previously on the Quit Claim, then incorrectly on the new one. Just my opion. Hope all works out for you.
Thank you
 
Originally posted by Dario
<br /> BTW, she wants t take the house so she can re-sell it. She is now a Realtor and knows the ropes.
Click to expand...

Here is another angle for you.
Realtors live in fear of being accused and brought before their state regulatory board. They are held to standards of practice and ethics by those boards. Especially when dealing personally and with those who are not experienced professionals (ie the public)
If something goes wrong, it's pretty much their fault.
Threaten/and/or file a formal complaint with the division of real estate that regulates her. Often it is part of the state's department of commerce.
I realize she may not have been a realtor when she signed that "QCD", but she is NOW, and it's now that she's acting un-ethically.
Don't Cave In!!
 
The earlier advice to get a warranty deed rather than a QCD is excellent!! If you do get the house back and try to resell it, it will be easier to do if you have her warranty deed.
 
I am confused... If she "owns" the house and you can not sell it, how are you the one on the hook if it forclose's ?? Is there a way to rent the house over selling it if you are the one on the deed??

Other than that, I like the board complaint and the lawyer suggestion is the best you can go with. Just need to find yourself a dirt bag, sounds like she deserves one.
 
Hey Dario, Can you lift up a rock and interview whatever lawyers crawl out? Maybe you will find a shark there.
Seriously though, sometimes I read something and it ticks me off to the max. I think you do need to find a shark, maybe an angry lawyer and let him or her do the rest.
Even the nicest guys like you, can be pushed just too far, if you are at that point, go for the jugular.
All the best my friend
 
Thank you guys. I got a lot good leads and did call a couple RE lawyers....both are nice type though and not SHARKS LOL. I did contact my attorney and he is looking into this now. My problem is that I am on a time table...going through the court system may take as long as a year...and could get expensive.

We also discussed reporting her to TREC (TX Real Estate Board)...I have reservations on this. Though it may teach her a lesson, my kids (who stays with her) might suffer more in the end. I am caught between a rock and a hard place.

It really did upset me and I am down today. I think my brain went on overdrive and I had fever and stomach problems since receiving the email. Funny how you thought you know a person you married and been your best friend for more than a decade. Things do change fast.
 
Originally posted by Firefyter-emt
<br />I am confused... If she "owns" the house and you can not sell it, how are you the one on the hook if it forclose's ??
Click to expand...

Banks love to keep as much names on the loan. In case of non-payment they can harass more people and possibly get their money that way. I took the loan originally and they wouldn't take my name out of it no matter how hard I tried. When the property was returned to me, the same thing applied to my ex.

The complication with the Special Warranty Deed is that right now it sounds like she didn't pass ownership to me since the papers were not done "properly". She changed name after the divorce and that complicates it more.

I am not sure if we can go after the notary public...maybe we will but for now we have other things to concentrate on.
 
Dario, I'm confused. If the document was notarized, that in istelf should be sufficient. It was "signed" in front of the notary, so even though the signature isn't "complete" shouldn't be an issue. I challenge anyone to "read" my signature. Your attorney should be able to sort it out.
 
I know Billy. I think the Title Company is just being cautious...and they ought to.

My lawyer is working on simpler options right now and we'll see how it goes.

Thanks for all the advise both here and on emails. [^]
 
Could you develop any line of 'proof' that she has signed legal papers in the recent past using her abbreviated name? Maybe you could use that to show that BOTH her signatures have been accepted and that would show she used both as her legal signature and thus that might be considered a precedence. I mean they do accept initials alongside any changes in the writing of a contract just to acknowledge that the parties have read the changes ... Just thinking out loud mind you all!

Follow all the advice above and get yourself a very reputable attorney. It will definitely be money VERY WELL SPENT in the long run. A female attorney that recently caught her own ex-husband 'cheating' would be the one I would look for if I were in your place. Her anger could work to your advantage! Ask some attorneys if they know one! [}:)][}:)] [;)]
 
Fred,

That is the first thing that my attorney is trying to establish...I provided him with some samples on some of my cancelled checks as well as copies of her own checks she sent me for reimbursement for my kids medical bills. All of which matched the signature on the quit claim.

This way, he is assuming that we only need those and a few affidavits from people who knows her.
 
Dario,
I feel for you. I have two ex-wives, but the 2nd went away quietly. It gives deeper meaning to "turn the other cheek". It's tough, but God will see you through.
Rob
 
Dario My heart goes out to you. This is an area close to my heart. I watch my brother be sharked like you are and taken awy from his children just because she found someone else. Please mate know I am praying for you. Man what is with woman and the major change to hurt people they once loved is beyond me

you have my prayer. Mate hope you find a solution that sells your house.
Toni
 
Dario, sorry to hear you're going through this. I'm going through a tough time with my wife and I can sympathize. It's hard to think clearly when you've been hurt and you feel betrayed. While I can understand you're concern for your children, allowing her to continue this behavior could end up harming them regardless. You're doing the right thing exploring simpler options first though. Remember that even if she does "get away with it" she has already lost. Ill-gotten gain takes away the life of the one who gets it. What she wants is of no value. You still have your good character and that is extremely valuable.
 
Dario,

What I was saying about the Notary is that if she signed infront of them and used the same signature in their book which they have to keep records of who signed and the such the Notary once their seal goes on it makes it an official state document, just by pointing out to the ex-wife that she falsified state documents that may be enough to make her back down. Otherwise the Title company needs to realize that a Notarized statement should work.

Thank you
 
Looks like we are going to the court.

I tried to offer her half of the proceeds ONLY if it will go to my kid's bank accounts that neither she nor I can touch and she refused. Funny since she mentioned that she did it because she believe our kids deserved half of the proceeds.

I just hope my decision is the right one. For now, I am stuck with a mortgage payment which I am not sure I can hold for so long. It is not on my budget and my attorney said it may take just a few months or a year depending on how it will go. [:(]
 
Dario, sorry to hear what you are going through. It sounds like everyone wants to sell the house. It is the distribution of the funds that is being contested. Why don't you ask you lawyer if he can get your wife to agree to list and sell the house and all of the funds placed in an escrow account pending the courts order for disbursement of the funds?
 
Ellis,

Good suggestion but it won't work. She will only sign when I accept her terms. Hers always have a gapping hole where she can access the money herself and always having the money once she signed (at closing) which is impossible since they cannot schedule a closing date without the signed document (catch 22). We (me and my attorney) brainstormed already and presented various options that she turned down. Not sure, but I believe it is because it takes her (and me) out of the picture.

Note that I believe I am entitled to 100% of the proceeds in the first place. I am trying to accommodate her demands to avoid the lawyers/court getting involved. My aim is to share it if the money will go to my kids and not her "party/vacation fund". As mentioned earlier, it is the principles I am fighting for now and not really the money.

If I will involve the lawyers anyway, then I will try to get all of it, as should be. Sharing it with my kids will come later and will be totally on my terms/discretion.
 
Sounds to me like she has nothing to lose and everything to gain. She knows that she can last longer than you because your paying the bills. Are you going to play her game until you are bankrupt? I'm sorry if I sound harsh but I believe that playtime is over and you should have your attorney pull out all the stops and go for the jugular.

Perhaps I am wrong but it does not appear to me that she is looking out for the best interest of your children and either way they will lose in the end.

Have you heard the old saying "nice guys finish last"? I'm willing to wager that if you keep on this path you will prove it to be true once again.

RELEASE THE SHARK!



Of course, this is only my opinion. You have to do what your head and heart tell you to do.
 
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Dario, Scott is right. Make sure it is all documented and tell the attorney to go after everything. After you win, put the money in a trust for your children. You can set the trust up under your conditions.
Good luck and hang in there. We are all pulling for you.
Ellis
 
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