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Quit Claim Deed CAN take a husband off a loan - it happened

[url=http://www.mortgagefit.com/quitclaim-deed.html]Quit Claim Deed[/url] CAN take a husband off a loan - it happened to me!!

My husband left our home in April and moved to another state. He also stopped contributing to our joint debt. I had no choice but to put our home up for sale. I signed a Quit Claim Deed so I could sign all the sale documents (per my realtor). Citimortgage just recently removed my husband from our loan after he sent them the recorded document.

Below is text from the confirmation letter I received:

[quote:bcc67aed00]Thank you for selecting the Internet as your means of
communicating with CitiMortgage, Inc. Our response to your
Account inquiry is below.

In regards to your inquiry on the account due to name
change, we have received a Quit Claim Deed indicating that
XXXX M.XXXXXX (Xs added by me for privacy) name was removed from this accounlso indicated that XXXX M.XXXXXX would no longer hold liability for tht. As a result we have ae mortgage. If you have any
questions or concerns regarding your liability on the
mortgage account we strongly suggest you contact your
attorney. Feel free to also contact CitiMortgage Customer
Service at (800)283-7918 we are available Mon.-Fri. from
7:00am-11:00pm CT and Sat. from 8:00am-5:00pm CT.[/quote:bcc67aed00]

larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi darlingjnb.

Welcome to the forum.

Quitclaim deed doesn't release anyone from the financial responsibility. But in your case the bank have released your husband from the mortgage as he has quitclaimed the property to you. But all the lenders don’t so the same and the deed itself have not released him from the mortgage.

BTW I think by releasing your husband from the mortgage, it helped you as you need not to bear the additional expense of the [url=http://www.mortgagefit.com/refinance.html]refinance[/url] :)

Feel free to ask if you have further questions.

Best of luck,
Larry

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:44 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i divorce my husband ,he got home, i need to be released from loan from va home loan and mortgage. what do i do. he wants this as much as i do, but i do not want to be responsible financially,after a quickclaim deed is done. please help.

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Jbynum,

Welcome to the forums.

If you wish to take your name off the mortgage, you should request your husband to refinance the loan in his name. Or else, if your husband's credit is good enough, the lender may even allow you to go for novation.

Take Care

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:44 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I was on a [url=http://www.mortgagefit.com/second-mortgage.html]second mortgage[/url] with my ex-wife. She proceed to have a judge order to have me removed off the title in order to sell the property. Is that really possible?

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:44 | Post subject:

jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi sconrad,

In order to remove you from the title, your ex-wife needs to have a quitclaim or warranty deed signed by you whereby you will give up your interest in the property. I don't think can order to have you removed off the title without your consent.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:44 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and are both have our name on the deed/title of our home which still has a mortgage. Can I put the title in my name only when I refi the first mortgage?

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:44 | Post subject:

sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi lovedogs,

You will have to ask your husband to sign a quitclaim deed and transfer the property to you in order to change the property deed in your name. Once he does so, you can then refinance the mortgage in your name.

Take care.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:44 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am divorcing my husband and have filed chapter 13 in an effort to stay in the house. My husband filed chapter 7 and surrendered the house. The issue is he is still on the deed and won't sign off because he is using it as leverage. I am trying to get a loan modification (he is on the mortgage) aand the bank won't help me with out his consent. Is there a way I can get him off the deed based on the surrender with out him signingit.

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robertcampbell07's picture
robertcampbell07 | Joined: August 25, 2009 10:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

janice,

your statement is confusing. is it Chapter 7 or 13? pl clarify.

i hope your name will be on deed.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:44 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Janice,

Did your husband include the property and the mortgage in his [url=http://www.mortgagefit.com/bankruptcy/chapter7.html]Chapter 7 bankruptcy[/url] filing? If he has surrendered the property to the lender, then the lender would sell it off to recover the dues. I don't think you would be able to include the same property in your bankruptcy filing.

Did you consult a bankruptcy attorney in this regard?

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:44 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I filed chapter 13 and my husband filed chapter 7.

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Was it the same property for which you and your husband filed Chapter 13 and chapter 7 respectively?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My current husband has a house loan in his name. In his divorce the house went to the ex (which is wha the wanted for his kids) Problem is the loan is soley in his name and she filed a quick claim deed on it. Now she makes the house payments but is constantly late on the payments, won't get house insurance, the mortgage company put an excrow on the account for the house insurance which only covers the frame of the house, now she didn't pay the property taxes so they put that money she owed in the excrow account. She went from a house payment that was 350.00 to 1200.00. She is now a behind and says it will remain behind until she gets her income tax return and there is nothing we can do about it. In the meantime we can't buy a house loan and she is screwing up my husbands credit. What are our options if any?

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Your query has been replied in the given page:
http://www.mortgagefit.com/problems/housepayments-late.html

Please take a look at it. I hope it'll help you.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:44 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi, I filed chapter 13 about 2 years ago and the house was under that filing. The bankruptcy case went throuh and has been closed. I no longer reside in the house- it was given up under the filing but I continue to get letters to pay tax bill and now they are putting a lien on the house nad my credit.. How do I finally get a resolution? This happened last year and I called and faxed the commissioner office and I am getting it again.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi musicpassion,

Your query has been replied to in the given page:
http://www.mortgagefit.com/propertytransfer/about44239.html#183825

Take a look at it. Hope it helps you.

Thanks

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:44 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello.
I am trying to find out if i need a lawyer to remove my husbands name from our Citi Mortgage account.?
Or do i only have to sign the piece of paper stating that it all goes on my name.
I have also been diagnosed with cancer and would like this apartment to go on my daughters name once my husband is removed. Does anyone know the procedures to doing this.

Thank you all.

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Mila,

You don't need a lawyer to remove your husband's name from the mortgage. You will be liable for a mortgage refinance for the same.

Thanks,

Jerry

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:44 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I must retire ASAP & move from FL to GA to care for adult disabled son; getting a divorce and am declaring Chpt. 7 bankruptcy (just me). Husb. wants to remain in house & continue paying mortgage (NOT behind). Can I surrender house to him?I cannot stay here and cannot pay for it and a place for son and myself.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi tatiebom,

You shouldn't sign any deed just before your bankruptcy filing. This might jeopardise your bankruptcy filing. Nevertheless, you should get in touch with a real estate attorney and take his help in this regard.

Thanks

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:44 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mortgage is in my ex's name...the warranty deed in both...if he signs a quitclaim deed over to me is he still responsible for the mortgage. Who is responsible for the property taxes if he does. Is there any benefit for me having the home in my name only even though the mortgage is solely in his name.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Tammie,

A quitclaim deed will not help him in transferring the mortgage. It will only help him in transferring the property in your name. If you want to get the mortgage in your name, you will have to refinance the loan.

You will be considered as the owner of the property and not liable for mortgage payments if the home is in your name but not the mortgage.

Thanks

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:44 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Is there any advantage for me to have the deed in my name? Who is responsible for property taxes?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Tammie!

Welcome to forums!

If the quitclaim deed has your name on it, then you will be considered as the owner of the property. As a property owner, you will be liable for paying the property taxes.

Feel free to ask if you've further queries.

Sussane

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