Posted on: 04th Jan, 2014 02:11 pm
hi..getting divorced...husband is signing quitclaim deed..I'm keeping the house..what do i need to send to lenders to get my name on the loan and take his off? or does he have to do this?
Since your husband has quit claimed the property to you, you are now the owner of the property. You have to now visit the recorder's office and get it recorded in your name.
You need to check with the lender ASAP.
If there is a mortgage on the property and your husband is on the mortgage and on the deed, he cannot just sign a quitclaim deed.
As a matter of fact, the Lender can call the loan due immediately in full if they find out he signed a quticlaim deed.
If you are on the mortgage now also, the lender may or may not allow you to assume the mortgage.
You may have to refinance to get a mortgage in your name and pay off the loan in your husband's name.
The lender does not care what the divorce decree states. The lender cares about who is on the mortgage originally and only the lender can allow any changes to that.
If there is a mortgage on the property and your husband is on the mortgage and on the deed, he cannot just sign a quitclaim deed.
As a matter of fact, the Lender can call the loan due immediately in full if they find out he signed a quticlaim deed.
If you are on the mortgage now also, the lender may or may not allow you to assume the mortgage.
You may have to refinance to get a mortgage in your name and pay off the loan in your husband's name.
The lender does not care what the divorce decree states. The lender cares about who is on the mortgage originally and only the lender can allow any changes to that.
