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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.

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello - I divorced my husband sometime ago but the house I have been living in is in both of our names. I am trying to sell the house because I can no longer afford it however he will not sign the papers for a short sale or show up. What are my options to get his name off the mortgage or mine for that matter if he will not sign any documents. I have been the one paying the mortgage since the divorce. Thank you

Like | Dislike | Share | Posted: Sun, 04/08/2012 - 05:29 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Andrea,

If you want to remove your name from the mortgage docs, then you will have to ask him to refinance or assume the mortgage in his name and vice versa.

Thanks

Like | Dislike | Share | Posted: Sun, 04/08/2012 - 22:18 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Mon, 01/19/2009 - 20:31 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

Like | Dislike | Share | Posted: Wed, 02/11/2009 - 12:21 | Post subject:

vegas_storms's picture
vegas_storms | Joined: September 12, 2008 03:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Wed, 02/11/2009 - 15:24 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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 [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url]. 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,

Like | Dislike | Share | Posted: Fri, 02/13/2009 - 22:50 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Like | Dislike | Share | Posted: Sat, 02/14/2009 - 19:38 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Like | Dislike | Share | Posted: Sat, 02/14/2009 - 19:41 | Post subject:

eric1's picture
eric1 | Joined: January 4, 2009 03:52 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Like | Dislike | Share | Posted: Sun, 02/15/2009 - 16:20 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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)

Like | Dislike | Share | Posted: Wed, 02/18/2009 - 18:40 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Thu, 02/19/2009 - 00:43 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Like | Dislike | Share | Posted: Thu, 02/19/2009 - 19:00 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Thu, 02/19/2009 - 21:52 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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...

Like | Dislike | Share | Posted: Fri, 02/20/2009 - 11:42 | Post subject:

m.snover92571's picture
m.snover92571 | Joined: February 10, 2009 09:53 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Fri, 02/20/2009 - 13:02 | Post subject:

Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi drdevita

You can contact an attorney who will help you in filing the lawsuit. You will have to file the lawsuit in the county where the property is located.

Thanks.

Like | Dislike | Share | Posted: Sat, 03/14/2009 - 03:29 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

[size=9:1d252a8012][color=Red:1d252a8012][Link deleted as per forum rules. Thanks.][/color:1d252a8012][/size:1d252a8012]

Like | Dislike | Share | Posted: Sun, 03/08/2009 - 13:44 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome drdevita,

You can file a partition law suit in the court. Once you file this law suit, the court will order the sale of the property. Once the property is sold off, the mortgage dues will be satisfied first and then the excess money, if any, will be divided between both of you.

Like | Dislike | Share | Posted: Mon, 03/09/2009 - 00:20 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thanks for that information - Do you know how I would go about doing that ??? Do I just go to the courthouse here - where I live and tell them that is what I need to do and then do we sell the house together - ????

Like | Dislike | Share | Posted: Mon, 03/09/2009 - 13:50 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I would like to know how your ex got his name off the mortgage without you refi-ing or assuming the current loan. To assume and get one party off, the other still has to qualify. My ex got the house and the responsibility of the mortgage but as a safety net he was supposed to refi or sell the house. Ha and that is when it was not so bad. You cannot qualify for refi if you will not work and he never really tried to sell it. Now my credit score just took a nose dive because he was 30 days and almost 60 days late paying. I have been trying since Nov 08 to get the mortgage company to give me a release from the promissory note. I cannot get a straight answer from anyone. No matter what the courts rule in your divorce if the "responsible" party defaults they will come to you. I will sign a quit claim when he takes care of business and not before. Of course, he will probably default before then unless he gets some bail out funds. :?:

Like | Dislike | Share | Posted: Mon, 03/09/2009 - 22:46 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi NA,

As your ex-husband did not [url=http://www.mortgagefit.com/refinance.html]refinance[/url] or sell the property, your credit will take a hit in he defaults since you are the one on the loan, not him. I think you too, should think of filing a partititon lawsuit with the court so the property is sold off by the court to pay off the loan. As long as he is unwilling to refinance or sell, you cannot force him to do so. Thus, intervention of the court seems the only option left.

Like | Dislike | Share | Posted: Sat, 03/14/2009 - 05:00 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Did he file Bankruptcy? That would force the lender to put the loan under one name...

Like | Dislike | Share | Posted: Wed, 06/10/2009 - 10:20 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

the bank I deal with will not take my ex husband off the morgage, he even quick morgaged it to me. The bank can not find the orginal note they say. I also signed documents 2 years ago in my name only with banks attorney and now they say I have to refinace the house or he has to die to get him off the morgage what can do here.

Like | Dislike | Share | Posted: Wed, 08/05/2009 - 07:48 | Post subject:

jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Belinda,

You need to refinance the loan in your name to get your husband's name off the loan. Since your husband's name is on the loan, he is responsible for it. Unless you can show them you have a good income and can afford the payments, they will not remove his name from the mortgage. If the mortgage is assumable, you can assume the responsibility of paying it off. But this will also require you to show income adequate enough to afford the mortgage payments.

Like | Dislike | Share | Posted: Thu, 08/06/2009 - 23:13 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

both of cars we own just been paid off, well actualy one has beed given 14K to pay off loan and both my and my husbands name on it, the other one was bought for 3K instead the other loaner we had. all the money came from my inheritance from my granma'. 3.K one has his name on it only and the other both of ours, can i go and get titles put into my name without him as he is not available and i just wanna secure myself

Like | Dislike | Share | Posted: Wed, 08/19/2009 - 10:54 | Post subject:

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