QUESTION
I quick deed my house to my ex wife she re-modified the original loan without me should I be responsible for new loan?
Asked on Dec 13th, 2012 on Divorce - Georgia
10 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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If you did not sign the loan, how can you be responsible for it?
Answered on May 23rd, 2013 at 10:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Before I can render any opinion, it would be necessary to review the paperwork.
Answered on May 23rd, 2013 at 10:24 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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This completely depends on the terms of your decree from the court. Review it, and if you are unsure, contact local attorney.
Answered on Dec 17th, 2012 at 4:19 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you signed the paperwork, you're responsible as far as the bank is concerned. Talk to an attorney about whether you're responsible in a divorce situation.
Answered on Dec 14th, 2012 at 11:27 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Did you file the quit-claim deed with the Recorder's office? If so, then you should not have any problem. If you did not file the quit-claim, you should do that as soon as possible. You need to let the world know that you no longer have an interest in the property.
Answered on Dec 14th, 2012 at 9:15 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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If she is the owner of the house, she should be the only one who signed the refinancing paperwork. You can find a copy of the deed of trust in the county deed records.
Answered on Dec 14th, 2012 at 9:08 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Whether your are obligated on the loan depends on the loan documents. Obtain a copy of the new loan documents from your ex-wife to determine who is the obligated party.
Answered on Dec 14th, 2012 at 2:20 PM
Family Law Attorney serving Newbury Park, CA
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Tristan Tegroen, Attorneys at Law
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If you signed on the new note, you would be liable. It appears that she managed to modify the loan without you signing on the new loan - probably because she showed the bank that she is divorced from you and that the house was transferred to her alone.
Answered on Dec 14th, 2012 at 1:56 PM
Immigration Law Attorney serving San Jose, CA
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Ahluwalia Law Professional Corporation
Did you sign the loan modification? If not, then is presumed to have knowledge of the fact that you do not have ownership interest and agreed to loan modification based on her financial profile. You should not be responsible. Bank approves loan modification upon review of financial information from the homeowner. My presumption is that bank and your ex-spouse followed the right procedure and there is no fraud or misrepresentation. Another issue or question would be if you were on the loan to begin with.
Answered on Dec 14th, 2012 at 1:56 PM
Depends on the terms of the original loan. Although novations may protect you. The original loan may have a clause allowing for modification.
Answered on Dec 14th, 2012 at 1:29 PM