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    1geekmom's Avatar
    1geekmom Posts: 3, Reputation: 1
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    #1

    Sep 27, 2009, 05:44 PM
    Novation and Quitclaim to ex-husband in Illinois?
    My ex-husband and I have been living apart for over a year and divorced about a month. The loan is in both our names and I agreed to a quitclaim after he refinanced in his name only. He can't get it refinanced, isn't working and is now almost 3 months. Behind in the mortgage. If I "force" him to sell it ,he will walk away and leave me with the $1,600 a months. Mortgage until sold. I can't afford this as a single mother receiving $0 child support nor can I afford a lawyer to help. What about Novation? Would that get my name off the loan? Then I could quitclaim and be done with it! In case it matters, it is a manufactured home (mobile home) in Illinois. Any help would be appreciated. Thanks!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Sep 27, 2009, 05:48 PM

    There is no real way to get your name off the loan, the divorce order for him to pay it, merely gives you grounds to take him back to court to try and force him to pay it, or pay you back.

    So force him to sell it, he is not paying the mortgage now, so his walking away changes what??
    You should have forced the sell from day one. You said it is already 3 months behind, that effects his credit and your credit both.

    Even if you quitclaim, that does not change the mortgage and they can and will still go after you for payment.
    1geekmom's Avatar
    1geekmom Posts: 3, Reputation: 1
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    #3

    Sep 29, 2009, 05:49 AM
    Good point! Thanks.
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