QUESTION
Do I have any legal rights to the property as long as my name appears on the mortgage even though I signed a quit claim deed?
Asked on Aug 02nd, 2015 on Divorce - Michigan
More details to this question:
In 2009 I divorced my wife and moved out of state. We had a mortgage and equity line of credit. The equity was my responsibility and the mortgage her's. The equity line has been closed for over 2 years. I signed off on a Quit Claim Deed removing my name from the property as per the conditions of the decree, yet my name is still attached to the mortgage. The bank refused to remove my name because she would have to refile the mortgage in her name and she didn't have credit to do so. Can I get my name removed from the mortgage without having to go through the bank? Do I have any legal rights to the property as long as my name appears on the mortgage even though I signed a quit claim deed?
1 ANSWER
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have no right in the property but a potential liability for the note. Seek counsel to understand your situation. The bank cannot be forced to left you out of your commitment, and will not unless you ex is credit worthy enough to refinance on her own.
Answered on Aug 06th, 2015 at 7:50 PM