Hello new here and I hope I can get some help. I was divorced in Rowan County 2014. In my divorce decree with the martial property it states:
It is therefore ordered, adjudged, and decreed
2. That the Plaintiff (my ex) shall be sole owner of the former marital residence located in Rowan county, NC and the Defendant shall sign a deed conveying his right, title, and interest to property conveying all of his rights, title, and interest to the real property located at XXXX Salisbury, NC
3. That the Plaintiff shall be responsible for payment of the mortgage, utilities and all upkeep on said former marital residence.
My order states nothing of her having to refinance the home in her name for the loan is solely in my name only… There is still $190,000 owed on the property that my lender does not have interest in.
I can not even get a car loan for this is sitting on my credit. I have heard that you can not deed a home to someone if there is more then $100,000 owed on it.
I have also heard that there should have been a clause in the decree stating that the ex would have so much time to refinance the house in her name, sell it or give it back to owner.
How do I file this motion and would this motion clarify what should of been added in the first place. Or can I add this to the decree.
My ex got behind by $5K and got NC foreclosure fund involved in paying her mortgage payments and to my knowledge they still are.
Please help me here with this.