When I was getting divorced 4 years ago, my ex paid me a sum of money and I signed a quit claim deed giving him sole rights to the house. However, since he's medically disabled the lawyers didn't want me to press for him to get a mortgage in his name since they were certain no bank would give it to him. However, now I'm concerned. If he were to die or default on the payments, would the bank come after me for the remaining mortgage payments? Lawyers? Paralegals? Is there anything I can do to rectify this situation now and protect myself?
2007-05-21 04:20:33 · 10 answers · asked by sonofstar 5 in Politics & Government ➔ Law & Ethics
Signing the quitclaim deed basically means that you have no rights in the property. The indebtedness on the mortgage is a different matter. The bank or mortgage company did not release you from the indebtedness.
If the mortgagor defaults on the loan and the property goes into foreclosure, the mortgagee can go after you for any deficiency resulting from the foreclosure.
The only thing I would suggest for you and your attorney to do now is to have the bank or mortgage company release you from the indebtedness. This is typically done with a legal document which would be filed with the land records of the county where the property is located.
Also, as said by one of the people who earlier responded to this question, if the ex-husband refinances the property, the new mortgage would be in his name.
2007-05-21 04:56:35 · answer #1 · answered by Mark 7 · 0⤊ 0⤋
Your lawyer sold you down the river. This was probably malpractice. And the statute of limitations may have expired, though in some states, it will not begin to run until you are sued. You are 100% liable if you signed the mortgage note.
Did the nimrods who represented you even get the ex to sign the deed to attest that he was assuming the mortgage? Probably not, which means that your remedies are as thin as they were when you were still married, that is, you are jointly and severally liable and you have no recourse against the ex.
But you can certainly make the lawyers' day by telling them you want the name of their malpractice carriers, because you have a claim. And you might also want to have a chat with the bar authorities to consider whether your lawyer should have his/her ticket lifted for incompetence.
Even a recent law school grad knows to get the non-resident spouse off the mortgage. One has to wonder if your ex passed some $$ to your lawyer under the table to sell you down the river. He's either incompetent to the point of being demented, or he's corrupt. Either way. he should not have a license to practice law.
2007-05-21 04:33:38 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Yes and since you signed the quit claim deed, you have no rights to the house. You need to make sure that he has life insurance on the mortgage.
2007-05-21 04:25:02 · answer #3 · answered by veesmom 4 · 0⤊ 0⤋
Basically you signed away the right to the house only. The mortgage is in both your names, then if he defaults the bank will come after you too. If for any reason he is unable to pay, the bank would also come after you.
If you want to be off the mortgage, he needs to refi on his own to get your name off it. If it is foreclosed, that will negatively affect your credit.
2007-05-21 04:27:41 · answer #4 · answered by Angel 4 · 0⤊ 1⤋
You cannot get your name off the mortgage unless he sells or re-finances. However, if he SHOULD default, the mortgage company will have to notify you of any foreclosure so you will be able to take legal action to at least minimize your losses. Suggest you just be careful to routinely check the mortgage status to make sure it doesn't go into default or you can take immediate action to bring it up to date of it gets late.
2007-05-21 04:28:07 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Call the mortgage company.
1. They should be able to tell you if he's refinanced.
2. They should be able to tell you if the Quit Claim Deed was filed.
3. They may even be able to advise you as to what your best bet would be.
2007-05-21 04:31:43 · answer #6 · answered by thesunwasshiningonthesea 5 · 0⤊ 0⤋
You need to make sure the quit claim has been filed with the county and a copy sent to the mort. lender. The lender can either honor the existing loan in his name only or force your ex to get alternative financing. This actually happened in my husband's divorce, his ex signed the quit claim but her attorney never filed it.
2007-05-21 04:28:04 · answer #7 · answered by CHARITY G 7 · 0⤊ 0⤋
Texting lets you control the tone and establish what kind of conversation you want to have. Learn here https://tr.im/6Rtoy
This is probably the most important part. With texting, you can stop and think about what you want to say to your ex at each step of the way. Instead of reacting emotionally, you can take your time, figure out the right thing to say (I’ll give you most of it), and be strategic with your ex without saying something that you’ll regret.
2016-04-23 09:08:01 · answer #8 · answered by Anonymous · 0⤊ 0⤋
anytime your name is on something you are legally responsible for it.
2007-05-21 04:29:17 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Hope this will help to answer your question..........
I suggest for you to contact an attorney.
Good Luck.........
2007-05-21 04:25:48 · answer #10 · answered by Anonymous · 0⤊ 1⤋