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-   -   Quit claim deed (https://www.askmehelpdesk.com/showthread.php?t=55359)

  • Jan 17, 2007, 10:57 AM
    tiffant
    Quit claim deed
    I purchased a home in Ohio with my now ex fiancé. During our split up I signed a quit claim deed. I signed this (while listening to him and his grandmother) thinking it takes me off the loan too. Come to find out I am still financially responsible for the payments on the house. Do I have any rights at all to make him sell or refinance? I AM STILL ON THE LOAN!! I need help and he obviously keeps putting off "looking into it" if any one has any info that could help me out that would be great. I don't want to pay for a lawyer and them to tell me I have no rights. But if there is something I can do, Ill do it.
    Thank you
  • Jan 17, 2007, 11:25 AM
    ScottGem
    I'm assuming you never got married so their was not divorce settlement to document that you no longer owned the home.

    I would send a copy of the quit claim deed with a copy of how the property is registered with the county to the mortgage lender asking that you be removed from the loan.
  • Apr 18, 2007, 11:00 AM
    rich k
    Comment on ScottGem's post
    I'm in the same situation as the writer and contacting the lender changes nothing the person living there as to sell it or refinance to get her off the deed
  • Apr 19, 2007, 07:23 PM
    ScottGem
    Comments on this post
    rich k : I'm in the same situation as the writer and contacting the lender changes nothing the person living there as to sell it or refinance to get her off the deed

    First may I call your attention to the guidelines for using the comments feature found here:


    https://www.askmehelpdesk.com/feedba...ure-24951.html

    Second, a quit claim deed does transfer the property. If it was executed properly then the lender may remove her from the loan, if she no longer has an interest in the property.
  • Apr 19, 2007, 08:53 PM
    Fr_Chuck
    Well I wish it worked that away, but even if they had been divorced and the divorce court order one to be responsible, in cvil court both can still be forecosed on, and the only recourse for a divorced person is to sue them for damges to the agreement back in family court after they have been made to pay in civl court on the mortgage.

    But merely signing the quit claim deed does not take away any liablilty on the mortgage, if they don't pay on time, it hurts your credit rating, if they don't pay at all, they can come after you still for the payment.

    Before you signed was the time to force them to get a new loan, Now there is no way to force them that I know of, but you may want to talk to an attorney and see if perhaps there is something on the quit claim deed that was done wrong that may make it invalid.

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