My former wife is refusing to sign a quit claim deed so i can refinance the house?

Emmett
I received the house in our divorce settlement (free and clear). The divorce decree also stated that I needed to refinance or sell the house within 60 days. I have been trying to refinance, and my former wife has delayed and refused. It is now at 180 days past what the decree states.My banker is at a loss. She wants him to send a copy of the "completed loan" and a notarized letter from the title company "before" she signs the Quit Claim Deed. My banker and lawyer both state that the QCD is what "initiates" the refinance process. Without this from my former wife, they can not proceed. All proper banking and refinance people have reassured me, that once the QCD is sent, the refinance takes place, and the Title Company changes the names from hers and mine, to mine alone. All paperwork before refinance states "both" our names, but once refinance paperwork has been properly done, only mine will be on the home. She is then free and clear from all financial responsibility of this home.We need the QCD "first" to properly start the process, correct?

Patti
"We need the QCD "first" to properly start the process, correct?"Absolutely NOT, in fact it is usually done just the opposite. You remove her financial responsibility THEN she relinquishes her claim. I have no idea why your bank would even interfere with this, that alone is really weird. Her being on title in no way should effect your ability to refinance a loan with her name left off.

Charmain
There is no reason that a quit claim deed is needed to start a refinance process. If you qualify on your own for this mortgage loan, the loan can be processed as would any other loan be. The only proviso is that she must sign the quit claim deed at closing or prior, such that both occur at the same time frame.

Carmel
You go back to the court that ordered the decree, ask them to find her in contempt, or do a comissioners deed conveying you the property.Your lawyer should be able to handle that.

Andree
YES to complete process, not to start it.So get back to divorce attorney, get into court and have EX ordered to sign a QC deed or be held in contempt of court. Not infrequent, courts used to dealing with this.

Edda
You will need to have the judge tell her to sign this.

Cara
It sounds like you're dealing with a band of incompetents. The re-fi will go through a closing process at the title company (or attorney's office) in much the same manner as a purchase does. The instructions to the closing agent will include the requirement to secure a signed quitclaim deed from the ex, usually backed up with a copy of the decree that ordered her to do so. If she refuses to provide it to the closing agent you'd have to go back to court to get the judge to order her to sign it or show cause as to why she should not be held in contempt for failure to do so. Facing a contempt citation should force her hand pretty quickly.By going through an escrowed closing process everyone is protected. If you failed to bring financing to the table the closing agent would return the quitclaim deed to her and it would be moot. Nothing would change until all of the closing instructions were complied with thereby protecting all parties' rights in the process. Lenders and title companies deal with this type of situation on a daily basis. If the re-fi has not been placed in escrow yet, tell the lender to get off his backside OR contact a title company yourself to open the escrow.