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When I divorced in 2001 my husband recieved the house, was I suppose to sign the quit claim deed or my ex husband? I thought my lawyer said that he would have to fill it out and take it to the court house, but I took care of it because he wouldn't of paid for the filing, was this wrong to do? Now my current husband and I are applying for a mortgage and the ex had problems making payments so this is showing up on my credit report. Did I completely screw up back then?
Thanks for any help!

michelle · Posted: Wed Nov 28, 2007 2:59 pm Post subject:

It sounds like you were also on the loan to that home. When you signed the quit-claim that gave your ex all rights to the property but it did not remove you for your mortgage obligation. In order for that to happen, your ex would have either had to refinace strictly in his name or ask the lender for a novation to remove you from the mortgage. Do your divorce documents say anything about him having to refinance?

You might want to get to an attorney to see if there is any recourse.

jenkin7 · Posted: Wed Nov 28, 2007 9:19 pm Post subject:

Hello Teekster,

If you wanted to remove your name from the title of the property, then you should have signed the quit claim as the grantor.

It appears that you are also on the mortgage on this property. Even if you have signed a quit claim, that will not release you from the financial liabilities. A quit claim only transfers the ownership rights and not the mortgage.

Your ex-husband should have refinanced the loan in his name only to remove you from the mortgage note. Now since you are also on the loan, any default in the mortgage payment will show up in your credit.

You should talk to your ex-husband as well as the lender to find if he can do a refinance or a novation. This will help you to move out of the mortgage.

Guest

Thanks!

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi Teekster,

The above posters gave given you great answers and I agree with them that you should consult with your husband and request him to remove your name by refinancing.

By the way, I would like to ask you what kind of mortgage are you applying for?

Thanks,
Larry

Guest

Currently we are working with a company that is pre apporving us and then looking at what we may qualify for. Just sent in all the info, so we don't know what kind of mortgage we are going to have as of yet.

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