I have been divorced three years and spouse was awarded house. I signed over warranty deed but my name is still on the mortgage loan and he is now making late payments which is reporting negatively on my good credit. How do I get out my name off the mortgage contract so I am no longer held responsible since I no longer own the house?

I'd try dealing directly with the mortgage company. Advise them that you've been divorced and your ex has possession of the house and submit supporting documentation, including a copy of the warranty deed. Then ask, in writing, that you be taken off the loan.

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Originally Posted by christine7172

I have been divorced three years and spouse was awarded house. I signed over warranty deed but my name is still on the mortage loan and he is now making late payments which is reporting negatively on my good credit. How do I get out my name off the mortage contract so I am no longer held responsible since I no longer own the house?

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I'd call your Attorney and see how this slipped through the cracks - it should have been addressed (although it often isn't). If he defaults and the house goes into foreclosure you are still on the paperwork and would have an uphill legal fight. My divorce contained a clause concerning refiling the Deed AND reapplying for the mortgage in just my name.

I've seen this be favorable to the party who is not paying the mortgage and is no longer the owner of the property - the property continues to appear on their credit report as an asset when, in fact, it is not.

You could also contact the Mortgage company, take your divorce papers in, see what they advise.