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Category: Legal
Satisfied Customers: 53569
Experience:  Licensed attorney helping individuals and businesses
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In my divorce the house was awarded to my ex. he was required

Resolved Question:

In my divorce the house was awarded to my ex. he was required to remove my name within 90 days. it has been over a year. he is now asking me to either sign modification paperwork for the loan or a quit claim deed. what risk does this leave me with and what is my best option?
Submitted: 5 years ago.
Category: Legal
Expert:  INFOLAWYER replied 5 years ago.

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification.

are you on the loan as well?
Customer: replied 5 years ago.
Yes, I am on the mortgage. Unfortunately. and I don't seem to be getting any answer from anyone other than... "sorry, you are out of luck"
Expert:  INFOLAWYER replied 5 years ago.
You can get it done by taking him back to court. The court can compel he comply immediately and cover costs associated therewith.
Customer: replied 5 years ago.

I can't afford to take him back to court and he knows it. My concern is that if I sign the quit claim deed, I relinquish my rights to the house itself. now if the modification goes through, great my name is XXXXX XXXXX not I am still responsible for the loan with no claim on the house. If I Sign the modification, I'm stuck with my name on the loan for another 3 years , If I do neither the house goes into forclosure . so my credit is ruined either way, I take a huge risk signing the quit claim deed or I remain tied to him for the mod and my credit gets ruined again


Expert:  INFOLAWYER replied 5 years ago.
You want to maintain your name on title. No reason to remove it for now. The main concern is having your name off the loan for now either by negotiation with lender or court order which you can try to pursue using a pro bono lawyer or on your own as well.

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Customer: replied 5 years ago.

is there any way to do a quit claim deed that says that once the modification is aproved, my name can be removed, otherwise it is not valid? Can the bank process the modification in his name alone with just our divorce decree?


Expert:  INFOLAWYER replied 5 years ago.
That cannot be done. It can be as a side agreement between you though. You really want to do this as a two step process with your name being taken off the loan as the primary goal.
Customer: replied 5 years ago.
exactly, and unfortunately I feel pressured into taking a huge legal risk for myself to do so. and I am not comfortable with that.
Expert:  INFOLAWYER replied 5 years ago.
I agree with you 100% and would not take such a risk at all.
Customer: replied 5 years ago.

thank you. You have confirmed my feelings on the matter now I just have to figure out how to make it happen


Expert:  INFOLAWYER replied 5 years ago.
Good luck and have a good fourth.
Customer: replied 5 years ago.

thank you

and you too