QUESTION

How can I get my name off a loan on property the divorce judge ordered me to sign off on the deed?

Asked on Sep 29th, 2016 on Real Estate - California
More details to this question:
In a very contentious divorce, the judge ordered me to sign off the deed on property owned jointly with my ex and his son. No mention was made of getting me off the loan. I'm unable to get credit because the loan is still showing up on my credit report even though my ex is making the payments.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Please go back to your divorce attorney and ask him to file a motion requesting an order that your ex refi the home. If you are a named borrower on only a first deed of trust on a single family home (i.e. not a second deed of trust or home equity line of credit (HELOC), then even though you are technically still one of the borrowers, if your ex and son failed to make the payments, that lender's one and only remedy is to take the property. The lender cannot come after you to collect any part of the loan. Therefore, your credit score does not accurately reflect your true credit risk. A good loan broker should be able to explain this to a lender that is not totally automated. The poor credit score will be a problem, but a good lender and loan broker should be able to figure it out. Dana Sack  
Answered on Sep 30th, 2016 at 12:26 PM

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