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Can a Judge order bank to remove one from loan

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Icon Mini Profile dianarodriguez





Joined: 22 Sep 2009

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Post Posted: Wed Sep 23, 2009 10:21 am    Post subject: Can a Judge order bank to remove one from loan
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Can a divorce judge order a bank (mortgage holder) to remove one party from the loan, if a quick claim deed was ordered giving the other partner title of home?
Icon Mini Profile jenkin7
jenkin7




Joined: 04 Jun 2007

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Location: Hawaii
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Post Posted: Thu Sep 24, 2009 12:11 am    Post subject:
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Hi Diana,

I don't think the divorce judge can order a bank to remove one party from the loan. The judge can order one of the parties to quitclaim the property to the other party. But if that particular party wants to remove his/her name from the loan, the other party will have to refinance the loan. The judge can order the other party to refinance the loan within a certain amount of time. But as far as I know, he cannot force the lender to take one party off the mortgage agreement without a refinance.
Icon Mini Profile sunnyca2009





Joined: 04 Aug 2009

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Post Posted: Fri Sep 25, 2009 5:41 am    Post subject:
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Nope Judeg cannot do that

Bank got nothign to do with your divorce and they gave you money based on certian conditiosn and they want ou to pay agreed

So only way to remove the name of the mortgage woudl eb to refiance the loan in one persons name and the other person gives quit claim deed
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