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When I divorced my ex, we worked out financial arrangements in where he refinanced our home and he bought my half out. Part of our agreement was to sign the home over to him. He has refinanced several times, I signed a quit deed document and had it notarized for the mortgage company. He is getting ready to refinance and the new company called and said my name is still on the deed. How can this be? Did we not do something correctly? Can we have it taken off without involving an attorney.

2007-02-09 00:41:47 · 5 answers · asked by Anonymous in Business & Finance Renting & Real Estate

5 answers

Nowhere here does it say that the mortgage company FILED the deed. Untill they do, you are still in title. Check with them and ask them what the delay is.

Most states require an atty to draw up a deed, but not all. If you've already had a deed done, it just needs to be put to record, and you will remain in title untill it is, unless your state is one where the deed required isn't a quit claim deed but a warranty deed; a question the company drawing up the original deed should know the answer to.

2007-02-09 00:47:13 · answer #1 · answered by wizjp 7 · 1 0

You do not need an attorney.

The deed you signed has to be recorded or the transfer will not be visible to the world.

If you are still on the property you can have a new deed signed and recorded as part of the refinance. They might not be happy with a quit claim deed as some title companies have issues with the title chain when they see a quit claim.

Who is handling this refinance when it comes to closing the transaction and recording the documents? If it is an attorney or an escrow officer at a title company then having your deed included is not going to be a problem.

Make sure it gets done correctly and that you have no tax liability. Technically you own part of the property if you are on the title and therefore any transfer now could trigger a taxable event.

You can have your husband pay your legal costs to have an attorney handle you side of the documents. It clearly is in his best interest not to have you on the title or for there to be questions about the title (cloud on the title).

2007-02-09 02:13:33 · answer #2 · answered by Anonymous · 0 0

Your first call should be to the mortgage company that was originally to take care of this. Calmly ask questions. They may realize they goofed on something and just go ahead and correct the issue.

If not, you could take care of this without an attorney, but this is a relatively cheap thing to get an attorney to do. I say hire someone to ensure it is done correctly this time. It should only be an hour or two of the attorney's time - a couple hundred bucks max.

2007-02-09 00:49:24 · answer #3 · answered by CJKatl 4 · 1 0

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2016-11-02 23:34:45 · answer #4 · answered by bonanno 4 · 0 0

Maybe the quit claim deed you signed never got recorded at the county. If that is the case, just go to the county and record it and pay fee (not much).

2007-02-09 00:51:02 · answer #5 · answered by spot 5 · 3 0

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