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anglbxrs · Joined: 02 Dec 2010 Posts: 1 1.57 Dollars($)

Hello, I was contacted by my husbands attorney yesterday about having my name removed from the deed of trust. He stated that my husband was wanting to refiance the loan and needed for me to sign a new deed of trust removing my name in order to do so. This was suppose to be taken care of 4 years ago. One year after our divorce when he refianced the loan in his name then. I guess for some reason my name did not get taken off the deed. I have copies and it states that the two of us as husband and wife. We were not married at the time this was done. Anyway, the attorney said he would draw up a deed for me to sign removing my name at no cost to me. I am wondering now though if I could request a sum of money before agreeing to remove my name from this deed now. It looks as if it was a mistake on the banks part for not having my name removed. It also seems as if the attorney is sort of stating that I am still on the loan. I dont see how I could be when he refianced it through a different bank a year after our divorce and I also had to go into the bank and sign papers to remove my name. I have called the bank where he refianced last and they show no record of this loan any longer and also with my social or name not being attached to this loan. I am just really confused and think that maybe my ex husband and one of his friends/attorney are trying to pull the wool over my eyes and get this property with out having to give anything for it by scaring me and stating that I am on a loan that I should not be on .

Thanks for your input and any questions you have please ask. This is long and looks a little confusing.

adonis · Posted: Thu Dec 02, 2010 7:36 pm Post subject:

Hi anglbxrs,

You will have to check out the present mortgage documents in order to find out if your name is mentioned on it. If not, then there is no need for you to sign any document. Your husband can refinance the mortgage in his name without your signatures. However, if your name still remains on the property deed, then you will have to sign a quitclaim deed and transfer your ownership of the property to him.

Guest

Thanks for the reply. This is my ex husband of 5 years now, which I failed to state. His lawyer states that my name is on the mortgage. Which it should not be since he first refinanced it a year after our divorce. I went in and signed papers at that time to have my name removed. But for some reason his attorney, now four years later is telling me that my name is on a mortgage and the deed of trust and he needs for me to sign a new deed of trust that he will draw up at no cost to me having my name removed. I am wondering if I now can say that I want a certain percentage of the house which I did not get when we were first divorced before I sign the deed. Our divorce has no lawyers involved and I basicly said he could have everything and I left. Now I am newly remarried 5 years later and the ex is throwing this at me. He should have fixed it right the first time and I wouldnt have to be re-remembering the past. I feel like I am smarter now and should get what I deserve after being married to him for eleven years and working and building what was to be our future just as much as he did. Thanks for your help with this.

jameshogg · Posted: Sat Dec 04, 2010 12:13 am Post subject:

Hi Char,

If your name is still on the property deed, then you can always claim a certain portion of the money from them in order to sign the documents. You can always claim your share of the property from them.

Thanks

Guest

CA property - owner occupied - can a husband who is currently on title alone (bought prior to marriage) refi into a new loan - he qualifies on his own - so wife not on loan - but can he add her to the title so vesting H & W joint tenants? (will a lender have a problem w/that?)

jameshogg · Posted: Mon Feb 21, 2011 1:07 am Post subject:

Hi Guest,

The husband can add his wife to the property deed so that they both become the joint tenants of the property. However, before doing so, it's better to inform the lender about the same.

Thanks

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Name is still on Deed of Trust as Husband and Wife

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