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I had refinanced the mortgage when I was separated from my ex-husband and he signed a Quick Claim Deed over to me so that I could do so under my name only. The new mortgage deed had my name followed by "a married woman". I am divorced now. I have been in the process of a Deed In Lieu of Foreclosure for the house I own. Bank of America (BOA), who is the new mortgage holder out of California, is saying that because of "homestead" laws in Mississippi and since the new deed is listed as "a married woman" that my ex-husband needs to get back in the mortgage deed????? The Quitclaim deed clearly conveys all ownership to me but BOA says they cannot have clear title without his name on it?????? Is that true?

jameshogg · Posted: Sun Jul 10, 2011 10:43 pm Post subject:

Hi macadel,

You should contact a real estate attorney and take his opinion in this matter. As far as I can understand, if the ownership is conveyed to you, then you should be given a clear title.

Thanks

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Mississippi Homestead Law regarding Quick Claim Deed

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