QUESTION
What can I do about it to remove my name of his mortgage?
Asked on Jul 06th, 2014 on Divorce - Florida
More details to this question:
In 2010, I got divorced with my husband. In our divorce decree it says that he supposed to remove my name off his mortgage, but he never did. He just tricked me into signing quick claim deed during modification process saying that will help him take me off his mortgage. Condo mortgage terms got modified for lower payment and 40 years with my name on it. Bank qualified my ex-husband without my income information or signature, now I'm stuck on his mortgage for 40 years and I want to be off of it. It's really hurting me I can't buy a house for myself because of the debt to income ratio. Thanks.
5 ANSWERS
John Arthur Smitten
You can and should file a partition action to force the court to sell the home at clerk auction. Use of a lawyer is recommended in your case.
Answered on Jul 08th, 2014 at 9:54 AM
If you can obtain a letter from the Bank or copy of the Banks qualification of your ex, you can present that to the Court as evidence of his qualifying and the Court will enforce the Order to remove you from the Mortgage/Note. Even if you are not able to obtain those documents from the Bank, the Court will still enforce it's Order against your ex. Ask the Court for a hearing and go for it! Good luck.
Answered on Jul 08th, 2014 at 9:44 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File a Motion for Contempt with the Trial Court.
Answered on Jul 08th, 2014 at 9:44 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Now you know just a part of why you needed an attorney then, and why you need one now. I guess the best thing to do would be to sue him for breach of contract.
Answered on Jul 08th, 2014 at 4:16 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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This is a common problem. If your divorce agreement or judgment say what you claim it does, then your remedy is to file a Motion for Contempt and Enforcement of your agreement and judgment, seeking to require him to re-finance the mortgage so as to remove you from it, or to force the sale of the house to satisfy the mortgage.
Answered on Jul 08th, 2014 at 4:15 AM