Hello. I haven't posted in awhile but this forum has been a great help to me muddling through the mess of the last couple years. I was hoping for some advise on the scenerio I find myself in now.
Went attorney shopping to make sure they would work together, I would be able to keep house, etc.
Filed for divorce in 6/08 (was not final till 1/31/09)
Filed for Chap 13 in 8/08 and at the same time husband filed for Chap 7 (same atty) and testified to trustee that he was surrending his interest in house and I was keeping it. My income alone too high for 7 his way under median.
Turns out both attys not exactly working together and divorce atty becomes unresponsive for months. Finally get it done and ask them to prepare a quit claim deed which ex signs.
Call Lake County IN recorder's office (need to check on process since I will have to take a whole day off work to go there). They question whether they will even record the deed since bk is flashing on computer and assessor's office says I need to have another form, called a Sales Disclosure, signed by ex to record with the Quit Claim Deed since it is a conveyance doc.
The atty paralegal says I should wait til the 13 is over to worry about taking care of this. I am worried because ex is already getting ready to remarry and he doesn't understand even simple documents. Our communication is already non-existent--his father got the other docs signed for me. I don't know if I should wait and take my chances, try to get him to sign it and try to go ahead and try to record now. When I called the paralegal just to ask if I should get the sales diclosure signed now (I don't know if is valid in 4 yrs) she said it doesn't really matter if I sign/record it now or later.
I feel like this is hanging over my head and I am nervous. However, maybe since the mortage and HELOC are included in the plan, that is why they suggsted waiting till the end. I was not late on them, but apparently it is required that they be rolled into plan payment in IN. The mortgage is upside down and the divorce decree states that I am to get the house and he is to sign any docs to effect that. Any input would be appreciated.
Thank you.
Wendy
Went attorney shopping to make sure they would work together, I would be able to keep house, etc.
Filed for divorce in 6/08 (was not final till 1/31/09)
Filed for Chap 13 in 8/08 and at the same time husband filed for Chap 7 (same atty) and testified to trustee that he was surrending his interest in house and I was keeping it. My income alone too high for 7 his way under median.
Turns out both attys not exactly working together and divorce atty becomes unresponsive for months. Finally get it done and ask them to prepare a quit claim deed which ex signs.
Call Lake County IN recorder's office (need to check on process since I will have to take a whole day off work to go there). They question whether they will even record the deed since bk is flashing on computer and assessor's office says I need to have another form, called a Sales Disclosure, signed by ex to record with the Quit Claim Deed since it is a conveyance doc.
The atty paralegal says I should wait til the 13 is over to worry about taking care of this. I am worried because ex is already getting ready to remarry and he doesn't understand even simple documents. Our communication is already non-existent--his father got the other docs signed for me. I don't know if I should wait and take my chances, try to get him to sign it and try to go ahead and try to record now. When I called the paralegal just to ask if I should get the sales diclosure signed now (I don't know if is valid in 4 yrs) she said it doesn't really matter if I sign/record it now or later.
I feel like this is hanging over my head and I am nervous. However, maybe since the mortage and HELOC are included in the plan, that is why they suggsted waiting till the end. I was not late on them, but apparently it is required that they be rolled into plan payment in IN. The mortgage is upside down and the divorce decree states that I am to get the house and he is to sign any docs to effect that. Any input would be appreciated.
Thank you.
Wendy
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