You asked: How do i get my name off of a mortgage loan.Additional Details:when the ex and i filed for divorce, i gave her the house along with the mortgage loan. the judge stated she was responsible for the loan and she filed a quick claim deed, however chase manhatten does not recognize this and refuses to take my name off of the mortgage. now i cant qualify for a loan because my name is already on her loan. how do i get my name off the loan
I am a Michigan attorney, and would recommend that you talk to a local attorney; however, I believe I can give you some guidance. A Judgment of Divorce cannot change the contract you have with the mortgage lender. Even though the Judgment of Divorce may award the house to your ex-wife along with the debt obligation, If she fails to pay the mortgage, you could be sued, but you would have the right to seek reimbursement from your ex-wife. I usually include in the Judgments I prepare a provision that the person receiving the house gets the debt, and must refinance the debt into his/her name within 90 days. Once she refinances, then you would not longer be obligated on the debt. You should check your Judgment of Divorce to see if that provision is included. If so, and if your ex-wife refuses to refinance, then you may have to file a motion seeking help from the Court.
Stu Shafer
Answered on Apr 03rd, 2012 at 5:22 PM