Posted on: 19th Jan, 2009 05:54 pm
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.
Welcome melisa,
You're correct! It is not very easy to get a loan modification. Moreover the lender's have a lot of backlog. Thus, it is quite time consuming to get a loan modification and there is no guarantee that you'll qualify for it.
You're correct! It is not very easy to get a loan modification. Moreover the lender's have a lot of backlog. Thus, it is quite time consuming to get a loan modification and there is no guarantee that you'll qualify for it.
I got the house in the divorce and now my exhusband wants his name off the mortgage. I recently lost my job but am paying the mortgage monthly. Do I have to refinance to get his name off the mortgage - can he be responsible for any of the costs? What if I don't refinance?
Clearly, Steph, while you're out of work you won't be able to refinance the existing mortgage. You need to let him know that (I'm sure you have done that already, of course). Most folk get anxious when they're stuck on a mortgage debt that is supposedly no longer theirs, so if you are able to lock into a new job quickly and subsequently refinance (also quickly), I'm sure your former husband will feel better about you when that transaction takes place than he did for a while beforehand.
You should have stayed married. It would have been much easier to work on your marriage then to divorce. Whats wrong with folks these days? They don't try to do anything anymore. Everything is throw away. However, quick claim deed or refinance is the way to go on most of these posts. Not sure about the quick claim deed if both parties are not in agreement. Theres always somebody that wants to play hardball. Get God, then get married.
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
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
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
You can contact an attorney or the courts. Your ex is in contempt of court. If the final divorce decree/property settlement statement calls for him to refinance within one year and that action was not complied with he is in violation of the court order.
Thanks for sharing your opinion, Reader. :) That was really helpful!!
My fiance got divorced and left the house to his exwife during the divorce settlement in the condition she takes him off the deed and refinance and in which she never did. Now years later his bank account was frozen and his paycheck was being garnished. with all this being said he did bankruptcy because she did alot with his name on this house the house was put in the bankruptcy and now she calls him back saying she needed the wsomething form to file taxes now mind you this house was put in the bankruptsy and his lawyer advised him to tell her he cannot and does not have anything to do with the house and if she claims he cannot sign no checks or anything pertaining this house that she has to refinance .
please help give advise
please help give advise
Hi Abigail!
Welcome to the forums!
I will ask you to to follow what the lawyer has said. Do not give in to her wishes. If the property is now included in bankruptcy, the suggestion given by the attorney is the best.
Feel free to ask if you've further queries.
Sussane
Welcome to the forums!
I will ask you to to follow what the lawyer has said. Do not give in to her wishes. If the property is now included in bankruptcy, the suggestion given by the attorney is the best.
Feel free to ask if you've further queries.
Sussane
i have been divorced since june 09. legally anyway. we did a quickie divorce , meaning we didn't have to go to court. we wrote out what we wanted. we have both defaulted on our promises. me with the car getting reposed due to disability and him not refinancing and taking me off. we have been nice up until now about what is on our credit and just letting things go. he got remarried a year ago and i am getting married soon. he doesn't qualify for refinance but i want my name off the mortgage. i know i am in contempt with the car but i can't help it with my low ss income. things were not detailed in the divorce decree except that i will assume responsibility of car and him the house and a few things. it never said that he had to refi . but we both want to get my name off it. please help me?
Hi nurseangell,
Unless he refinances the loan or assumes the mortgage payments solely, it will not be possible for you to remove your name from the mortgage docs.
Thanks
Unless he refinances the loan or assumes the mortgage payments solely, it will not be possible for you to remove your name from the mortgage docs.
Thanks
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