Divorced and removing self from mortgage?

Question

I divorced my first husband last year. I quick claimed the house to him, but he must refinance to have my name removed from the mortgage. He has not yet done this. Is there a way to force him to do this. He has already lapsed on payments and I want to protect my credit.

Yes, it is staeted in the divorce papers that he is to refinance the home

Answer 1

Sorry Punkin, but no, not easily. My ex-wife did this too. Finally, everytime I got a notice that "I" (she) was late, I called the bank and informed them I had no intention of giving them a penny, ever, so please begin foreclosing procedures. It got so bad I called a realtor and had them go out and look at my former house to give me a price for selling it. It's been over 3 years now and no alerts for non payment.

Answer 2

You need to contact the mortgage lender and find out what your options are. He is damaging your credit everytime he lapses on payments, I am assuming the was part of the divorce settlement, if not contact a lawyer soon. If he doesn't get on the ball and refinance then you will end up stuck with the payments because you are a cosigner, and stuck without a house that you own because it isn't in your name. Get a lawyer quick and talk to the mortgage company.

I would tell the ex he either refinances or it goes on the market, or you get a lawyer!

Answer 3

You cannot remove your name from the mortgage. The bank lent the money to both of you and just because your marriage didn't work out they're not going to release you from your obligation.

That's a pretty standard answer you'll get from any creditor. Is there a clause in the divorce agreement that says he has to refinance by a certain date? Is there anything in the divorce that protects you if he doesn't? I'm guessing that there isn't because you probably just wanted OUT. And there are a bunch of people out there who are shaking their heads in agreement, because they've been there.

You'll have to take him back to court to force him to either refinance or sell the house to you. In the meantime, in order to protect your credit (so you can get a loan to buy him out) you'll have to catch him up on the payments and keep them current.

If your state has a self-help law center, check there. They often have clerks who, while they can't help you write up any of your proceedings, can give you some direction on where to go. You can avoid lawyers fees this way. If you end up needing an attorney, by going to the self-help center first you can avoid some of the fees for research.

Answer 4

Unfortunately, I don't think you can force him to do so now. You should have made the stipulation that you would sign the quick claim only after proof of his refinance having been done. My ex did the same thing and gave me the quick claim. I DID NOT DEFAULT, however, it took me 3 years before I was able to refinance with good rates. Check still with your the lawyer that did your divorce, he should tell you on the phone for no charge; because each State has their own set of rules. Right now, if he defaults, you are responsible for the loan and you have no rights that a deed holder has. Sorry. Good Luck and keep pushing him to find financing that will roll over the closing cost.

Answer 5

Until the mortgage is refinanced, you're still responsible for it. Your lawyer should not have had you quit claim (not quick claim) the title until it was refinanced.

Having it in the divorce agreement that he was to refinance might give you points if you sue him for the money you're out if you have to pay on the mortgage, but it doesn't get you off the hook with the lender.

Answer 6

You made your error in going through with the divorce BEFORE the home was refinanced. He cannot be forced to refinance if he can't get financing. If he's already late on his payments, his chances of getting refinancing are not good.

What divorce attorney did this for you ? One who needs a knock alongside the head with a hunk of wood, methinks.

Answer 7

Try
http://www.mortgagerefinancingatlowrate.com