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will a quitclaim remove co-borrower's liens from a property

Posted on: 15th Aug, 2012 07:16 pm
my former partner and i purchased a home together. he put in $15,000 and i put in $150,000 on a $330,000 purchase. because of his tax liabilities on a former business which he and his ex-wife owned (prior to our relationship and purchase), there are now liens on the property for their debt.

he and i are no longer together (he has been out of the house for nearly 3 years) and i have been paying the mortgage on my own (i occupy the property) for more than 7 years. i do not know the status of his liens or his debt.

how can i get these removed from the property so that i can refinance the home in my name alone? he refuses to communicate or take action.

what are my options? this is ruining my credit and my ability to refinance.

thank you,

julia
Hi julia,

You will have to ask him to sign a quitclaim deed in order to remove his name from the property deed. Unless he does so, his name will remain on the property and he will be considered as one of the owners of the property.

Thanks
Posted on: 15th Aug, 2012 09:07 pm
Thank you for your response. If he signs a quitclaim deed, will that remove his liens from the property?

Best,

Julia
Posted on: 15th Aug, 2012 11:43 pm
Hi julia,

The liens are placed on the property. It won't be removed even if he signs a quitclaim deed. Rather, signing a quitclaim deed at this stage can be considered as illegal by his creditors.

Thanks
Posted on: 15th Aug, 2012 11:53 pm
Do I have any recourse? This person has all but disappeared and has invested very little in the property, does not pay the mortgage, etc.
Posted on: 15th Aug, 2012 11:58 pm
Hi Julia!

Welcome to forums!

It will be difficult for you to remove the person from the property deed unless he/she signs the quitclaim deed in your favor. However, you should contact a real estate attorney and take his opinion in this regard.

Feel free to ask if you've further queries.

Sussane
Posted on: 16th Aug, 2012 09:37 pm
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