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 kimberlyscissum
Joined: 16 May 2006
Posts: 2
0.14 Dollars($)
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 Posted: Tue May 16, 2006 10:44 am Post subject: how to get my name off the mortgage after signing quit claim |
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| I signed a quit claim deed after my divorce. My ex-husband will not remove my name off the mortgage. We both have remarried and I can't purchase a home because i am on the mortgage with him. How can i get my name off that mortgage to make another purchase with my current husband. |
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Samantha
Community Mentor
Joined: 16 Sep 2005
Posts: 1539
Location: MASSACHUSETTS
137.28 Dollars($)
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| Posted: Tue May 16, 2006 10:55 am Post subject: |
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Hi Kimberly,
Welcome to MortgageFit Forums.
You need to get the mortgage refinanced in your ex-husband's name to get your name removed from it.
Actually these things should have been taken care of at the time of divorce as the situations become more complicated after that with the passage of time.
I have seen couples in similar sort of situations and so can understand your problem. I shall advise you talk to your ex-husband and try to convince him somehow.
If things don't work out that way you may consult your divorce attorney or any other good attorney in your locality to suggest you a possible way out.
Normally the divisions of assets and the responsibilities for the debts are mentioned in the divorce papers. So, check the papers with your attorney and possibly you have to go back into court and address the issue with the judge.
Don't lose hope. Definitely a solution will come out to your problem.
Feel free to ask if you have further doubts.
God bless you.
For MortgageFit,
Samantha
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Angel
Guest
0.10 Dollars($)
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| Posted: Tue May 16, 2006 11:28 am Post subject: |
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Yeah that's a big problem if things are not sorted out at the time of divorce. Actually I went through this typical situation at the time of separation with my ex.
My attorney didn't take care to address that there was no clear mention about the division of the marital debts and only it included the division of the assets.
Later I found out the real problem when I found myself still obligated on the mortgage even though I quit claimed the house in my ex's name.
He was not willing to refinance the mortgage and I was in deep trouble failing to convince him. I consulted my friend who is also an attorney and had to take the issue to the court where things finally settled to my relief.
So, I shall advise you not to wait further and take the help of an attorney if it seems that mutual discussion is not going to bring out any result.
Best of Luck.
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Carla
Guest
0.10 Dollars($)
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| Posted: Mon Nov 20, 2006 8:15 pm Post subject: quit claim deed |
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Can the grantor of a quit claim deed JTWROS that was notorized and recorded 10 years ago make the grantee sign a deed giving the grantor back thier intrest in the property. Grantor says they only intended that the property to go to the grantee upon death. What are the consequences if the grantee refuses to sign? This is in Missouri.
Thank You |
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Caron
Moderator
Joined: 19 Jul 2005
Posts: 1482
Location: florida
250.36 Dollars($)
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| Posted: Tue Nov 21, 2006 12:11 am Post subject: RE: |
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Hi Carla,
Welcome to MortgageFit Forums.
It is very difficult reverse quit claim deed unless the grantee agrees to quit claim deed the property back to you. But if the grantee refuses to sign a quit claim deed you will have to prove the transfer of the property is invalid. You can do so by proving that you signed the deed under external pressure or the grantee made you sign by telling lies.
It is advisable that you consult a lawyer.
Thanks,
Caron |
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