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quick claim deed and mortage

Posted on: 06th Jul, 2006 11:59 am
Hi,

Both of my husband and I are on the mortgage loan for our house 2 years ago. He wants a divorce now, and saying will sign the quick claim deed to give me his share of the house. Will the bank demand us to pay off the loan now once the bank finds out that he will no longer on the deed of the house? Please advise. Thanks!

HappyNV
hi,

welcome to mortgagefit forums.

in general when there is a change in the deed it makes the mortgage due immediately but situations can be explained to the lender and changes can be adjusted accordingly.

normally divorcing couples settle the property and loan matters in the court and the settlement is stated in the divorce decree. with the decree, the bank can be approached and explained of the situation. but that is required normally when you get the property and your husband takes responsibility for the loan.

if you get the ownership of the house and want to take the responsibility for the mortgage payments then you can approach the bank and explain them your situation.

the loan can be transferred to your name through refinance or novation. consulting your divorce lawyer can also help you with your decision if you face any problem.

god bless you.

for mortgagefit,
samantha
Posted on: 06th Jul, 2006 12:11 pm
Hi,

So far you are transferring the mortgage loan in your name the bank should not have any problems. Talk to your bank before the deed transfer and they will suggest you accordingly.

It's unlikely that the bank will force you to pay off the loan. You can always take the help of your attorney in case the bank does so.
Posted on: 06th Jul, 2006 12:25 pm
Thank you very much to both of you. Your advice is very helpful.
Posted on: 06th Jul, 2006 12:35 pm
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