Nope. And you can be held accountable for the mortgage payments until she sells or refinances the property.
2006-08-04 05:06:39
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answer #1
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answered by Bostonian In MO 7
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If you are not on the deed anymore you are out of luck. Unless, you are personally paying the mortgage for the last 12 months and have the paper trail to back it up. Then, depending on where you are, you may have a leg to stand on.
2006-08-04 11:14:45
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answer #2
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answered by jake_deyo 4
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A mortgage actually consists of two things, a note and a deed or mortgage. When you transferred your interest in the deed or mortgage to your former wife you relinquished all interest in the property. Unfortunately, that did not release you from responsibility for payment on the note. Should your wife default on the payments the lender has the right to pursue you for payment and, should they foreclose, you will be named as a party tot he action.
In addition, you may not qualify for mortgage financing on a new home until such time as you are able to provide 12 months of your former wife's cancelled checks for the mortgage payment proving that she and not you are making those payments.
Finally, the mortgage debt will continue to be reported in your name so your ability to qualify for other forms of financing may be impacted since that payment will be included in your debt to income ratios.
It is too bad you were not advised to refinance prior to filing for your divorce in order to withdraw any equity you were owed and remove you from the title and note on the property. More divorce attorneys need to be aware of these facts in order to correctly advise their clients.
2006-08-04 10:30:13
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answer #3
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answered by mazziatplay 5
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You signed off on the deed but not the mortgage... good luck!
2006-08-04 10:14:44
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answer #4
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answered by MadMaxx 5
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Not unless she gives it back!
2006-08-04 15:20:11
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answer #5
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answered by Searchlight Crusade 5
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