I was divorced in 2011, was asked to fill out a quick claims deed. However no part of the divorce called for him to remove it from my credit. i am filling out a financial affidavit and was curious if i could claim it as debt if it still reports to my credit.
I assume you mean that you were on a note and mortgage for a property that you gave up your interest in by signing a quit claim deed at the time of divorce. With that assumption, you do need to check with the lender to see if you signed the note, because that is really the only instrument that you have a legal obligation to repay (the debt). If you only signed the mortgage, you have no obligation to repay anything. It only served as putting up the property as collateral if the debt (note) is not paid. And since you don't own the property anymore, who cares.
Now, to answer your question, if you are on the note, then it would be debt that you are still legally obligated to pay. If your ex does not pay, then the lender can sue you. Hopefully there was an indemnification provision in your divorce agreement, whereby if the lender comes after you, you can sue your ex. Of course, if he's not paying then it probably won't do much good.
Hope this helped.
Best wishes,
Cindy Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
info@vovalaw.com
954-316-3496
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