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mojane24 · Joined: 07 Jun 2009 Posts: 2 2.37 Dollars($)

I was with my fiance' for 12 yrs. We purchased a house in 06. I was on the deed but not the mortage. The mortgage note that actually was filed with the court has my name on it on both the mortgages. However, I called Wachovia (mortage comp) was World Savings when filed & they indicated to me that I am NOT on the mortgage note, I am only on the Title. We seperated back in October but I signed a Quit Claim Deed which I believe was only notorized by a bank not filed? I am going to call or go Ocean County, NJ Courthouse to see if it was filed. but if it's not, am I am still technically on the deed still? If so, what does this mean for me? Also, re: the mortage, I made sure with the mortgage company that I am clearly not on the mortage. I checked online with the record dept and still see my name on the mortage note that was filed when we 1st purchased our home. I NEED HELP!!! Please!

adonis · Posted: Mon Jun 08, 2009 12:11 am Post subject:

Hi mojane,

You have mentioned that you made it sure with the mortgage company that your name is not on the mortgage deed. In that case, the online record should not show that you are on the mortgage. You need to speak to your lender first and clear out the whole issue.

As far as the deed is concerned, it needs to be recorded at the county recorder's office to get validated. As your deed has not been recorded, I don't think it would be considered as a valid document.

mojane24 · Joined: 07 Jun 2009 Posts: 2 2.37 Dollars($)

ok, yes, when I 1st came to teh closing my name was originally not on the mortage, but later added. (with World Savings) which is filed as such. Then when my former fiance' tried to refiance the house, Wachovia Bank bought out Word Savings & my name is not on the account (the mortgage note nor the equity line of credit) I have supporting docs to show I am not on the any mortgage note whatsoever! I cannot speak to anyone as my name is not on the account.

As far as the quit claim deed is considered, it is basically not valid until it is recorded with the court, right? What if this document that I had signed and Darren (my former fiance' had not but it was notorized through a bank (bank of his cousin's which he was the realtor in this whole house transaction to begin with)....So you are saying that this is not valid? What does this mean if this is the case? I then still have interest in the house and I may move back if I want or can claim my interest back into the house? PLEASE ADVISE ME OF THIS ASAP!!! I will be going to Ocean County Courthouse Monday am 1st thing to check the records if in fact that this quit claim deed had been filed. Thank you for your prompt attention to this matter!

Niicss · Posted: Mon Jun 08, 2009 3:16 am Post subject:

Hi mojane

As far as I know, the deed is not considered to be valid if it's not recorded at the county recorder's office. In such a situation, you may be able to move back to the property. However, it is always better to consult a real estate attorney and get his opinion in this regard. And yes, it is always better to go in person and check out whether or not the deed has been filed.
Thanks.

robertsmith2005 · Joined: 22 May 2009 Posts: 338 -0.48 Dollars($)

if it is not notorized, it will not be considered as valid.

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What happens if the quit claim deed was not filed with the court?