Question:
My ex-wife was awarded the marital home and all debts associated with it, and I signed the quit claim deed relinquishing all titles and rights to the residence.
However, the mortgage company said I am still legally responsible for the home. My ex-wife is about to go into foreclosure on the property and says she is trying to refinance, but this is preventing me from qualifying for a loan to purchase another house with my new family.
How can I legally remove my name from the marital home mortgage before my ex-wife goes in default and ruins my credit?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Oklahoma divorce laws where I am licensed to practice.
If there is not a requirement for a party to refinance the residence than there is nothing that can be done before opposing party fails to make the monthly mortgage payment. Upon her failing to make the payment, a contempt could be filed for violating the court’s order.
You could contact the mortgage company and see if they will allow you to do a Release. However, it is very unlikely that they will agree to such and your ex-wife will most likely have to approve it. All of that will depend on the mortgage that you signed with the lender.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Oklahoma Divorce Lawyer Kristy Kapp, contact Cordell & Cordell.
Im divorced tricked into signing a quick claim deed after house went into foreclosure he turned around re mortgaged moved back in and I need my name off loan has been since 2011 he’s remarried and it’s effecting my credit. I need my name off the loan.
quit claim & refinance issues, a catch 22 for both parties that should be addressed somehow by the system
I am not a lawyer, but here is my personal experience with quit claim and refinance issues as a result of divorce. My ex refused to provide the quit claim until I refinanced the mortgage solely in my name. The bank refused to refinance the mortgage until my ex provided the quitclaim deed. Clearly, this is an impossible situation for both parties. How did I resolve the issue? Many phone calls to bank, and communication with the ex’ lawyer who would not communicate directly with me. I put banker in touch with lawyer. Eventually, the lawyer provided the quitclaim deed that the bank required and I was able to complete the refinance.