NC Divorce/Mortgage Question

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carlynishere

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While married, my husband and I purchased a mobile home (in April 1997). When I went into the hospital on bedrest for 2+ months, we refinanced it (August 1999). We separated in November 2003 and I continued to pay the mortgage for 15 months while he lived there. This was simply an agreement we worked out to help him get on his feet. BTW, the mortgage is in both of our names. Our divorce was final in November 2005. I did not take him to court to require him to refinance, sell, whatever. He is constantly behind on the mortgage payment and it is killing my credit. I have asked him numerous times to please refinance it so my name can be removed. As of today, he (we) still owe $14,600.00 on the loan. He has refused to refi because, honestly, with the payment history and the amount of the outstanding loan, nobody WILL refi him. As of today, he is once again 3 months behind on the payments and how now been issued a 30 day notice. If he does not "catch up" before the 30 days is over, then they will issue a 10 day notice of payment in full. At that point, they will "evict" him and repo the place. This has already happened once THIS YEAR and he got caught up before the deadline. But I understand from the mortgage company that they only allow two of the 10-day notices to be issued in a one year period. This will be the second time in 4 months.

Any ideas on what I can do to get my name off the mortgage? I had thought about offering him a buyout to get him out. I could easily make the payments (but not while HE lives there) and rent the place for additional income.

Any ideas? If you have any questions, please ask as I may have missed some of the information.

Thanks in advance!
Carlyn

PS.
It wasn't "awarded" to him in a settlement. It was a simple divorce. We filled out the paperwork and mailed it in. When court date came, I went, he didn't. Divorced...simple as that. We had nothing of value except for a mobile home. He told me he would start making payments and I believed him. Since he started paying in March 05, he has been past due 30 days six times, 60 days twice, 90 days twice and 120 days twice. So out of 24 months, he has been late 12 times!!!

Since I've been divorced, I have completely cleared all of my past credit up, except this one. Some people say pay the "measly" 14.6K, but that is not an easy thing for me to do. With this on my credit, I cannot even get a credit card, let alone a loan for that much!!
 
Q: Any ideas on what I can do to get my name off the mortgage?

A: Three choices: Pay it off or sue him in a partition suit to sell the land at the courthouse steps. At that sale the lender will want to be paid in full. Number three is buy the place from him.
 
Q: Any ideas on what I can do to get my name off the mortgage?

A: Three choices: Pay it off or sue him in a partition suit to sell the land at the courthouse steps. At that sale the lender will want to be paid in full. Number three is buy the place from him.

seniorjudge-can you explain the partition suit to sell the land at the courthouse steps?
 
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