Compare Mortgage Quotes

Refinance Rates for Today

Please enable JavaScript for the best experience.

In the mean time, check out our refinance rates!

Company Loan Type APR Est. Pmt.

Ex-wife lists home without my signature....

Posted on: 15th Apr, 2007 01:27 pm
is my signature required when our home is listed with a real estate company as far as offers made, etc.?

my ex-wife was awarded the home as part of the divorce decree. the mortgage is in both of our names. i did not sign a quit claim deed.

as far as the sale of the home, are my signatures required as part of the closing as well?
After your wife was awarded the house you will have to make a deed to transfer the home's title in her, until that is done, you will remain on the title as owner of the house.
Posted on: 15th Apr, 2007 01:33 pm
you should make a quit claim deed to give the home ownership to you ex. as it is necessary because of the court judgment, and also get the mortgage transferred in her name by way of refinance.

otherwise you will remain liable for making the payments. does divorce judgment require you to make the payments? or is supposed to continue the mortgage?
Posted on: 15th Apr, 2007 01:42 pm
"As far as the sale of the home, are my signatures required as part of the closing as well?"
Geek,
As you did not make a quit claim deed to give the home to her, you are still named on property records as a owner with her. While she wants to sell the house your signatures will be required.
Posted on: 15th Apr, 2007 01:46 pm
hegeek, just fyi, when the house is sold, balance on this mortgage will also need be paid off. You might be knowing this but still if you don't know..
Posted on: 15th Apr, 2007 01:50 pm
Thanks for the quick replies. This essentially verifies what we were thinking. Got to make a few phone calls this week. Thanks again.
Posted on: 15th Apr, 2007 01:55 pm
"Is my signature required when our home is listed with a real estate company as far as offers made, etc.?"



When it is listed your signature is nt necessary.

"As far as the sale of the home, are my signatures required as part of the closing as well?"




But when home is sold, since you are still the owner your signatures will be required.

Peter
Posted on: 15th Apr, 2007 01:58 pm
Is my signature required on any offers/counter offers made during the selling process?
Posted on: 15th Apr, 2007 02:32 pm
Hi hegeek,

If you haven't signed other deed over to her, you should do it as early as possible in order to avoid any complications with the tile of ownership. After you have transferred the house over to your ex-wife, your signatures will not be required in the selling process.

Thanks
Posted on: 15th Apr, 2007 10:23 pm
Heh, well she declined to get my name removed from the mortgage (though she was pre-approved on the refinance) as well as doing anything previously to make things easier when the home was to be sold. Soooo, she's thinking she can do all these things without my signature on anything.
Posted on: 16th Apr, 2007 04:20 am
No certainly not. She cannot refinance without your signatures. Without asking you, how can she alone refinance the loan, I mean, either your name should be removed or if it is there on the loian, you need to sign on the new loan papers.
Posted on: 16th Apr, 2007 04:53 am
I already knew she cannot complete the sale of the home without my signature. The current issue stems from her listing the home with the realtor without my signatures because my name is still on the title. I'm thinking that my name is also required on signing any offers, etc on the house.

I've got a call into the realtor for advisement as well on this.
Posted on: 16th Apr, 2007 09:13 am
Just got off the phone with the listing agent. My signatures are not required for offers, etc as the decree does show the home awarded to my ex-wife. However, and obviously, my signatures will be required at closing for the quit claim and sale papers.
Posted on: 16th Apr, 2007 11:06 am
"]I'm thinking that my name is also required on signing any offers, etc on the house. "

on offers your signature or any owner is not required but if a contract/agreement is to be made with any buyer then as seller your signatures will be necessary. Otherwise a contract cannot be made for sale of the home with such an agreement.
Posted on: 16th Apr, 2007 11:06 am
Yes Hegeek, when the home is sold your signatures will be necessary on the sale papers. But what about the mortgage? You will be paying off part of it? or she will?

But if you do a quit claim now then your signatures will not be required on the sale papers at that time.

Gladstone
Posted on: 16th Apr, 2007 11:16 am
"Heh, well she declined to get my name removed from the mortgage (though she was pre-approved on the refinance) as well as doing anything previously to make things easier when the home was to be sold. Soooo, she's thinking she can do all these things without my signature on anything."

Well if the refinance is not done then at that time mortgage will have to be paid off out of the sale amount. That might be one reason she thinks it is not required to get the mortgage refinanced in her own name. Some body must have told her that no need to refinance now as it can be paid off from the sale monie.
Posted on: 16th Apr, 2007 11:23 am
Page loaded in 0.739 seconds.