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Quitclaim deed and mortgage

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linda

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Post Posted: Thu Jun 26, 2008 10:50 am    Post subject: Quitclaim deed and mortgage
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My daughter is now divorced. She signed a quit-claim deed one year
ago for her husband to have the house/mortgage. She assumed he
would be required by law to remove her name from the mortgage; however, to date he has not done so. The ex stated that his parents are the beneficiaries to the house. How is she to get her name off the mortgage, and if the ex died, would she not be responsible to pay the mortgage?

She needs help!!!

A concerned parent

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Icon Mini Profile jheard
jheard
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Post Posted: Thu Jun 26, 2008 11:43 am    Post subject:
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You cannot get your name off the mortgage. The ex has to refinance the loan in his name only.

If the ex died, she would remain responsible for the mortgage.

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Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation.
Icon Mini Profile larry





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Post Posted: Fri Jun 27, 2008 3:01 am    Post subject:
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Hi linda.

Welcome to the forum.

Jheard is right. Quitclaim deed will not remove your daughter's name from the mortgage. So her ex needs to refinance the mortgage on his name only. Otherwise if he defaults then the lender may even come after your daughter and it will also drop her credit score.

Feel free to ask if you have any more questions
.
Best of luck,
Larry
Icon Mini Profile smaildaytoday





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Post Posted: Sun Jun 29, 2008 12:03 pm    Post subject:
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now that, her husband had do a quit cliam deed for the transfer and the property has been titled with your daughter's name, so your daughter own the property and its mortgage. your daughter will become the sole owner and she also not remove her name from the mortgage.
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