Warranty Deed To Trust
When is it important to use a Warranty Deed to Trust? Should you do this on every deal that you do? Do you have to use a Trust when flipping property or only when you are going to own the home? What are the risks to not using a Trust?
Jack
I am afraid that I am not going to be able to offer you the advice you are looking for.
Surely, the disposition of this property was declared in your divorce decree. Equitable or not you need to follow the courts decree.
You have to accept some of the responsibility as you have NOT made payments on this property which you live in (or otherwise desire to keep). Mortgage lenders will typically not foreclose on a property when the payments are kept current. You had the ability to control that.
You cannot "get this house out from under him" unless either 1) it was ordered in the divorce decree for him to quitclaim his interest to you; or 2) you can convince him to quitclaim his interest to you AND can make arrangements with the mortgage company to stop the foreclosure.
You really need to discuss this matter with your attorney as an attorney I am not and legal advice I do not give.
Good luck.