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scorpiosweb · Joined: 19 Jan 2009 Posts: 2 2.88 Dollars($)

how did ex husband get name off mortgage without me refinancing?...I got the marital home in the divorce. The deed was in both our names. My ex signed over the deed to me so that his name is no longer on it. There was an existing mortgage on the home at time of divorce and still, 11 years later. I was paying the mortgage after the divorce and still am, but I NEVER refinanced it. One day I noticed that his name had been taken off the mortgage and I had been assigned a new mortgage loan number in my name alone. How was this done? And, was it legal for him and the bank to do this without either ever notifying me?? He was the primary signer of the mortgage while we were still married and it was based on his income. I did not work and still do not.

jameshogg · Posted: Mon Jan 19, 2009 9:31 pm Post subject:

Hi scorpiosweb,

It is quite surprising to me as to how your name was removed from the mortgage docs if you have not refinanced the property. In my opinion, you should speak to the lender and your ex and clarify the issue. In a way it is good that your ex's name has been removed from the mortgage doc. Now you will be solely responsible for the property as well as the mortgage.

Thanks

Guest

Were you able to find out how the name was removed from the mortgage without having to refinance?

My situation calls for me to sign over quit claim and have my ex refi but he refuses to. He says I can quit claim but he will not be refinancing. If something happens to him then I could potentially be liable for a property that I don't own and that has been passed on to his children from prior marriage. Isn't this a potential nightmare. What is the worst that could happen in this case? Could son refuse to pay and make me liable?

vegas_storms · Joined: 12 Sep 2008 Posts: 67 3.54 Dollars($)

Wasn't this taken care of in the divorce? If not it may be time to talk to those lawyers again.

Guest

At time of divorce in 2007, we had agreed to share both condo investments equally since we had renters and we could work together to decide when to sell. Since this financial crisis, the renters are gone. We've reduced rent by $1000 and still can't rent out. The carry costs have eaten away all cash I have so he agreed to assume responsibility and forgive any moneys I owe him if I sign quit claim deed. It's the best thing for me right now because I can't afford to carry my share monthly and I can't take a chance that it will ever be worth more than what we owe the bank and what I've already forked out. I trust that he'll make the payments and do what he says but I don't trust that if something we're to happen to him that his family would see this as a loophole to keep me on the hook. In Florida, can a mediator request a revised decree for the judge to sign? And, if he does sign, will it say that husband has to refi or that bank just has to take my name off? thank you,

Guest

But did not refi and I was told that I didn't have to. My ex is still on the mortgage as the primary holder. He wants me to get it out of his name but an Assumption won't do it and a Refi is too expensive. Could someone please explain what an Assumption is versus Refi? If it does not remove the primary holder then why is it an option? What value or legal purpose would it serve to do it? Appreciate your responses.

Guest

Would I have to qualify for a Refi? My credit score is slowly climbing back up but is still under a choke hold of bad debt related to ex.

eric1 · Posted: Sun Feb 15, 2009 5:20 pm Post subject:

Your loan is probably not assumable. Tell your ex-husband that if he pays ALL of the closing costs, then you will refinance. In addition, you have to be sure that your rate will be the same or less.

Guest

I paid off a car I co-signed to my ex boyfriend. He did not follow through with making payments, and totally messed up my credit. I haven't seen him or the car since 10-2007--I have left messages for him to meet me so that finalize the paperwork on the car. I want to give him the car and end this ordeal. He is not communicating with me...no surprise. But how do I end my liability in this case? I've paid the damn car off, now how do I can my name off the title if he won't comply? (State of California)

jameshogg · Posted: Thu Feb 19, 2009 1:43 am Post subject:

Hi iZchristine,

As far as I know, there are forms available for relinquishing the vehicle title. You can contact the DMV of your state and look out for such a form. Once you fill out the form and submit it, you will be able to remove your name from the title of the vehicle.

Thanks

Guest

No--it's not that easy--I can make a form out--but if he doesn't complete his part and submit it to the CA DMV I'm still liable.

Posted: Thu Feb 19, 2009 10:52 pm Post subject:

Your best option will be to contact an attorney who will help you in taking the correct step. .

Guest

My ex and i split up our property in the divorce, however, my name remains on the commercial property mortgage, meaning, he never had my name taken off and refinanced or sold the property per our divorce decree. I doubt a bank would let him refi, especially now and its commercial property. Can i sue him for default of the divorce decree? he was supposed to do this within a year after the divorce and now it has been 6 years...

msnover92571 · Posted: Fri Feb 20, 2009 2:02 pm Post subject:

Please contact an attorney to see ur options and to handle this in the proper way. This wasnt handled in the divorce?

Guest

I bought a house with my exboyfriend almost three years ago- We know are broken up and I want the house out of my name. We are renting the house now and neither one of us live there - He does not want to sell the house but I don't believe he can re-finance in his own name - Is there any other options or can I go to a court of law and sue to get myself off? Please help -e-mail

[Link deleted as per forum rules. Thanks.]

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