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anabelflores · Jun 24, 2009, 03:50 PM

How can I take my ex husbands name from our mortgage loan we had?

redrobin55 · Jun 24, 2009, 04:19 PM

Is this mortgage paid off? You will need your ex to sign over a quick claim deed regardless if the loan (I'm assuming this is your house) is paid off or not. Then you assume responsibility for the payments. This is a simple paper that he signs and you file it with the courts legal dept. and the loan institution.

stevetcg · Jun 24, 2009, 04:33 PM

By refinancing it.

redrobin55 · Jun 24, 2009, 05:20 PM

stevetcg, I don't know what state you live in but in Mi. that is exactly what can be done. I did it, and I'm the one that wanted out of the house entirely when I was getting a divorce. My ex paid for the paper and I signed it and it was filed and I was taken off the house hince I had no financial responsibility for it.

stevetcg · Jun 24, 2009, 05:25 PM

Originally Posted by redrobin55

stevetcg, I don't know what state you live in but in Mi. that is exactly what can be done. I did it, and I'm the one that wanted out of the house entirely when I was getting a divorce. My ex paid for the paper and I signed it and it was filed and I was taken off the house hince I had no financial responsibility for it.

I am not doubting that is what happened, but I would seriously verify that with the mortgage company. THe deed (quit claim) and the mortgage have nothing to do with each other and a mortgage company is not going to just take your name off it. They have absolutely no reason to and it is in their best interest to keep it there.

Its entirely possible that your name was removed from the deed but you still ARE financially responsible to the mortgage company.

cdad · Jun 24, 2009, 06:01 PM

Originally Posted by stevetcg

I am not doubting that is what happened, but I would seriously verify that with the mortgage company. THe deed (quit claim) and the mortgage have nothing to do with each other and a mortgage company is not going to just take your name off it. They have absolutely no reason to and it is in their best interest to keep it there.

Its entirely possible that your name was removed from the deed but you still ARE financially responsible to the mortgage company.

I have to agree with steve on this one. Your mortgage is a separate contract from a deed. You can't change the contract from the outside. All the parties would have to agree. That includes the loan company.

cadillac59 · Jun 24, 2009, 06:43 PM

stevetcg is correct. You can deed property to whomever you want but that's got nothing to do with the mortgage. You are still responsible to the lender, irrespective of whom you give the property to. To be relieved of a mortgage obligation you need to pay off the loan or have someone else, with the lender's consent of course, take over the loan.

cadillac59 · Jun 24, 2009, 06:47 PM

Originally Posted by anabelflores

how can i take my ex husbands name from our mortage loan we had?

As stevetcg said, you need to refinance it in your name alone if the lender will let you or if you can get another lender to do so (based upon your credit history and so on). There's no other way to do it.

sheading · Jul 3, 2009, 02:26 PM

I have been in this situation so maybe I can help answer this... depending on the circumstances of why you want him off the deed... you can do one of 2 things... the quit claim deed signing is one way... the other is to contact the mortgage company and explain the situation... if it is a divorce and you got the house and the payments then make a copy of your divorce decree and send it to the mortgage company with a letter explaining the situation requesting he be removed from the mortgage. It is called a redemption for you. I had to do this when our child was kidnapped over seas... and it worked very well for us... mortgage companies usually do not recognize divorces, however they want their money and will try to work with you if you explain the situation... court leverage does help.

s_cianci · Jul 3, 2009, 03:14 PM

Refinance, in your name only. You'll have to buy out your ex-husband's share of the equity.

ScottGem · Jul 3, 2009, 03:34 PM

Originally Posted by sheading

depending on the circumstances of why you want him off the deed.....you can do one of 2 things...the quit claim deed signing is one way....

So far I have seen three responses of yours, all of them inaccurate to some degree. We pride ourselves on the accuracy of the advice given here and you aren't cutting it so far.

The only affect having the ex deed the property to the OP will have on the mortgage is to trigger a call for the balance. Most mortgages have a due on sale clause which is triggered by any change in the ownership. So if the mortgage company finds out the ownership changed they could require the balance of the loan be paid immediately. However, that is less likely to happen.

Contacting the mortgage lender and seeing if they will work something out is a possibility, but also a longshot. IF the OP is finacially stable and taking the ex off the loan will not increase the risk of default, the lender might agree to re-writing the contract. But the mortgage lender is not bound by the terms of the divorce. They have no incentive to increase the risk factor of the loan by removing a signator of the mortgage.

So the most quick, cleanest and easiest way is to refinance the loan in the OP's name only. The ex should also sign over title at the closing.