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Old 10-21-2008, 01:07 PM
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Default mortgage issues after a fire?

ok heres the story. our home burnt about 3 months ago. well my husbands exwife is currently on the mortgage and we had been trying to get the home refinanced as it states in the divorce decree and now that the home burnt she wants the insurance company to cash out on the home which means we have to pay off the current mortgage which leaves us with no money to replace any of our contents, no place to live. she even agreed to let us have the insurance company replace the home then we refinance it that way it will top out at top dollar. well now she wants us to go to court and then try to get the courts to order the insurance company to cash out the home and make us pay it off. in cases like this does the court normally honor what she would want or will they take into consideration that we have no place else to live cause of this tragedy and especially us having 4 kids in the home? please help! we dont know what to do. p.s. she is refusing to sign the quit claim deed and we cant get the land in our name unless she signs that so that makes us unable to get the house refinanced. we are located in northern indiana.we already have a attourney for this issue.we already have a attourney for this issue.in the divorce decree it is clearly stated that she is not allowed to claim anything from the home or property. and we have to take care of everything. we have been making the housepayments and all that ourselves.since i am being told by everyone on here that we are screwed and shes still on the mortgage can we get her for half of everything weve paid...like house payments, insurance, taxes...etc that weve had to pay? people are saying that shes still part owner so it seems like she is responsible for half of everything.
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