QUESTION
i am trying to get my name off a mortgage loan after a divorce... my spouse is behind and i already signed the quit claim... what are my options?
Asked on Nov 25th, 2012 on Foreclosures - Florida
More details to this question:
the property is located in florida, i am currently a resident in New Mexico... my ex is staying in the house in florida and hasnt made payments and is remarried and discontinued the modifications.... my name and his is on the loan, he was awarded the house in the divorce, i had signed a quit claim deed to him so he could do an assumption... but he failed to make payments soon after therefore disqualified himself from the assumption loan.
1 ANSWER
You cannot arbitrarily get your name off the mortgage without the consent of the lender. Your agreement was with your ex spouse, not the mortgage company, which has no obligation to abide by the terms of your settlement. You should consult with your family law attorney to determine whether or not there are any rights that you may have pursuant to your marital settlement agreement.Please note that a quitclaim deed only relinquishes your title interest in the property, but has no effect on any liens or obligations which you incurred as part of your prior ownership of property.
Answered on Nov 29th, 2012 at 9:52 AM