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    baddeck's Avatar
    baddeck Posts: 1, Reputation: 1
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    #1

    Apr 26, 2012, 07:31 AM
    Name on Mortgage in Texas
    Hi,

    After my divorce, my husband took my name of the deed but not the mortgage. He stopped paying for a time which hurt my credit rating. Now he has sold the house, does he need my signature for that?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Apr 26, 2012, 07:38 AM
    First... #1. He could not take your name off the mortgage... only the lender is able to do that, and few would. If he got the house and it was in his name alone on the deed... he didn't need your signature... The purchasers lender pays off the remaining part of the note and it is satisfied and closed as part of their purchace.

    You should be happy... the mortgage is now gone... and its ability to hurt your credit is gone with it. If that was the last item that had your name on it as a shared responsibility to pay legally... then you are now free and your credit rating will now be only about your own habits.

    Who owns the property and who is responsible for the mortgage... do not have to be the same, they are separate things legally. Sharing ownership is not a required part of being on the mortgage or other loan.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 26, 2012, 08:53 AM
    Agree, he can not take your name off the deed, you would have to sign to do that, normally because of a court order from divorce. Then almost always no one signs the deed taking their name off until their name is also off the mortgage.

    But once your name is off the deed, he can sell it without your signing anything,

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