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jgrnwoo · Joined: 07 Jun 2008 Posts: 2 2.18 Dollars($)

My ex convinced me that it would be in "our" best interests if I signed over the house to him. The house needed some work in order for it to sell per our divorce agreement. His dad would loan him the money if my name was not on the deed and that was the only loan option available due to poor credit history. This happened in May 2007.
Recently, I was denied a loan because my name is still on the mortgage! I had no idea; I assumed signing the quitclaim would release me from the mortgage. Unfortunately, I could not afford to consult an attorney prior to signing.
My ex is currently behind in the mortgage payments and I am terrified of what might happen since my name is not on the deed. What can I do?

helping_user · Posted: Sun Jun 08, 2008 9:42 pm Post subject:

No my dear, signing quit claim deed will not release your mortgage liability. You will still liable for the remaining mortgage payment. You can gather more idea about it from an article on quitclaim deed.

Since your ex is currently behind on payment, your property get foreclose and as a result your credit also get affect.

adonis · Posted: Sun Jun 08, 2008 10:21 pm Post subject:

You can have a talk with your lender and try to refinance the mortgage in your ex name and remove yourself from the mortgage. If you can add yourself in the title of the property then only you have share on it.

jheard · Posted: Mon Jun 09, 2008 6:23 am Post subject:

Sell the house immediately and pay off the mortgage.

jgrnwoo · Joined: 07 Jun 2008 Posts: 2 2.18 Dollars($)

I have been trying to get him to add my name back to the deed but he seems to be ignoring my pleas.

In my previous post, I failed to mention that I signed the quitclaim when he was the only person present. How he managed to get it notorized I don't know. Does/Would that give me any grounds to get the quitclaim reversed?

Thanks.

cliff3 · Posted: Mon Jun 09, 2008 5:33 pm Post subject:

You need to have him sell the property so that you will no longer be responsible for the mortgage.

The other option is you can contact the mortgage company about a repayment plan. This would give you time to see what you could do about getting the property back into your name.

jheard · Posted: Tue Jun 10, 2008 8:19 am Post subject:

Your best bet is to go back into divorce court and enforce the divorce judgment which required him to sell the property.

laphillips

I agree with the others...you need to go back to court & the house needs to be sold ASAP!

Also, how indeed did he have that quit claim notarized. If a commissioned notary did notarize that document they not only put their commission at risk but set themselves up for criminal and civil charges. You may want to consult an attorney regarding fraud charges against your husband and the notary.

cliff3 · Posted: Tue Jun 10, 2008 4:43 pm Post subject:

What do you think Joshua? Does she have a claim against her ex?

jheard · Posted: Wed Jun 11, 2008 8:31 am Post subject:

Notary laws are different for every state. You would have to check to see if it was notarized illegally. I doubt it. Most notaries follow the law. It may be legal to notarize based on an affidavit of a witness to the signature.

If a notarization is required by your state laws, and the deed was illegaly notarized, then you could probably void the transfer.

cliff3 · Posted: Wed Jun 11, 2008 2:16 pm Post subject:

Thanks Joshua.

Guest

I purchased a home in Arizona in my friends name (my name somehow dissapearred off the original documents as he was only a co-signer) The loan is in his name only. He quit claimed the property over to my Daughter and it was filed we've been paying the mortgage for 2 yrs. I recently found out only 1 loan is a fixed rate the other larger loan is an adjustable ARM due to increase from $1704 a month for both loans to $2300.00 a mo. An impossible feat. He has never lived in the home nor has he made any payments. I now owe more than the house is worth so refinancing is out of the question. Who actually owns the home? We pay all the property taxes and Ins that come in My Daughters name only and is listed as the OWNER on the county records as well. The loan is in my friends name only and we are no longer speaking. So who actually owns the home??? I don't know what to do. Pack up and leave? The bank wants to speak to him only not me plus he refuses to cooperate with me or the bank.

Guest

I purchased a home in Arizona in my friends name (my name somehow dissapearred off the original documents as he was only a co-signer) The loan is in his name only. He quit claimed the property over to my Daughter and it was filed we've been paying the mortgage for 2 yrs. I recently found out only 1 loan is a fixed rate the other larger loan is an adjustable ARM due to increase from $1704 a month for both loans to $2300.00 a mo. An impossible feat. He has never lived in the home nor has he made any payments. I now owe more than the house is worth so refinancing is out of the question. Who actually owns the home? We pay all the property taxes and Ins that come in My Daughters name only and is listed as the OWNER on the county records as well. The loan is in my friends name only and we are no longer speaking. So who actually owns the home??? I don't know what to do. Pack up and leave? The bank wants to speak to him only not me plus he refuses to cooperate with me or the bank.

jameshogg · Posted: Wed Oct 15, 2008 1:40 am Post subject:

Hi Vixxen,

Welcome to forums.

As far as I can understand from your question, the property title has your daughter's name while the mortgage is in your friend's name. If this is the case, then your daughter has all the right to stay in the house and as the mortgage is in your friend's name, your friend is responsible in paying it off.

As he is refusing to cooperate, you can ask your legal adviser to speak to him and take the needful steps.

Thanks.

Guest

my husband and i are going through a divorce and we have agreed that he can keep the house, however my name and my mothers name is on the title, but only my mothers name is on the mortgage itself. What can I do to get both my name and my mothers name off the house, especially if his credit is bad? HELP!

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