QUESTION
How can I remove my name from a home loan?
Asked on Dec 18th, 2012 on Bankruptcy - Louisiana
More details to this question:
I am active duty military got divorced almost 7 years ago. My ex wife was supposed to get my name removed from the mortgage that we had. She never got my name removed and in 2010 I returned to the US from being in Korea for two years and started the assumption process to get my name off the loan. I was told everything was good in October of 2010 while I was deployed to Afghanistan. I recently discovered that the assumption did not get done and now I am being told that the loan does not qualify for an assumption. I do not receive any information on the house nor the load and it is now delinquent by 90 days. How can I get my name off the loan when my ex wife does not financially qualify to get it refinanced in her name only? What are my options? Thank you for any assistance.
3 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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That is not an option until the debt is paid. See if your ex wife can refinance, but don't hold out much hope. I wish I had been news for you.
Answered on Dec 20th, 2012 at 4:25 AM
Family Attorney serving Henderson, NV
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Harris, Yug & Ohlinger
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In Nevada we would look at a Motion to Enforce (the Decree, Settlement whatever against your ex-wife) We would also look at relief under the Serviceman's Relief Act, and also negligent representation and misrepresentation. We may even sue to quiet title.
Answered on Dec 20th, 2012 at 4:23 AM
Stanley Stephen Spring
If the divorce papers stated you were to be removed and she failed to do so you can raise the issue to seek relief within a motion for contempt as a quick way of moving towards resolution.
Answered on Dec 20th, 2012 at 4:22 AM