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Mortgage/Foreclosure

Posted on: 24th Sep, 2013 08:15 am
Hello,
My wife and I got divorced. I signed a quit claim deed but she never filed it. After 4 years I came back to US and found out that she put the house foreclosure. All debts from mortgage on me only and she has no financial problems regarding this mortgage. How is it possible? Could she remove her name from mortgage? She didn't not make any refinancing. Thank you for your help.

Nick
Hi Nicko,

If her name is mentioned on the mortgage docs, then she will be equally responsible for the mortgage payments. If the lender forecloses the property, then it will have a negative impact on her credit as well.

Thanks
Posted on: 24th Sep, 2013 07:39 pm
Thank you, jameshogg.

It was her name on mortgage docs and she was the one who had a deal with the house. And now she doesn't have any negative impact on her credit. How is it legally possible??? She did not even apply for bankruptcy. Just wondering what she could do with the documents to make herself "clear".

Thank you.
Posted on: 25th Sep, 2013 05:46 am
If she was on the actual loan itself, she could not be removed by any fashion other than selling the home, or a refinance. Maybe you are mistaken by the deed to the home. If she was on title only, and not on the loan, then the above sounds correct. Whatever parties are on the loan are the ones affected by the foreclosure. Double check your loan documents to be sure. Good luck
Posted on: 25th Sep, 2013 03:46 pm
Thank you, Chris.

Thank you for your reply. I have one more question: I wasn't in country for a long period and she did not filed quit claim deed. How did she signed(prepared) all necessary foreclosure documents in my absent?

Thank you.
Posted on: 26th Sep, 2013 05:23 am
Hi Nicko,

This is something which no one here may clarify, You may check out if she forged the documents.
Posted on: 26th Sep, 2013 09:14 pm
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