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

Posted on: 07th Aug, 2008 12:50 pm
quit claim deed 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:

"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."
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 dont 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 refinance :)

feel free to ask if you have further questions.

best of luck,
larry
Posted on: 08th Aug, 2008 03:06 am
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.
Posted on: 09th Sep, 2008 07:44 pm
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
Posted on: 10th Sep, 2008 05:46 am
i was on a second mortgage 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?
Posted on: 13th Mar, 2009 08:56 am
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.
Posted on: 14th Mar, 2009 01:12 am
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?
Posted on: 24th Jun, 2009 05:34 pm
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.
Posted on: 30th Jun, 2009 03:36 am
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.
Posted on: 28th Aug, 2009 01:38 pm
janice,

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

i hope your name will be on deed.
Posted on: 28th Aug, 2009 07:18 pm
welcome janice,

did your husband include the property and the mortgage in his chapter 7 bankruptcy 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?
Posted on: 28th Aug, 2009 10:32 pm
I filed chapter 13 and my husband filed chapter 7.
Posted on: 01st Sep, 2009 06:45 am
Was it the same property for which you and your husband filed Chapter 13 and chapter 7 respectively?
Posted on: 02nd Sep, 2009 03:01 am
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?
Posted on: 06th Sep, 2009 08:12 am
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.
Posted on: 07th Sep, 2009 01:09 am
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.
Posted on: 23rd Sep, 2010 03:59 am
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