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Tina
Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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My ex signed a Quit claim deed to relinquish his interest

Customer Question

My ex signed a Quit claim deed to relinquish his interest and ownership of our house. The home was mine from that point on. For some reason, the bank sent the document 'Mortgage interest received' and filed it with his taxes.I have not contacted the bank to find out why the document was sent to him; however, the divorce settlement is cut and dry regarding this issue.
Submitted: 8 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 8 months ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. Was the mortgage in your name or his?
Customer: replied 8 months ago.
Mine.
Expert:  ScottyMacEsq replied 8 months ago.
Note that I am differentiating between an ownership interest (a deed) and a mortgage (a debt secured by the property). These are two differnet things. And he wasn't making mortgage payments? His name was never on the mortgage?
Customer: replied 8 months ago.
Both of our names were on the mortgage.
Expert:  ScottyMacEsq replied 8 months ago.
And was the bank aware of the divorce settlement and decree?
Expert:  ScottyMacEsq replied 8 months ago.
Are you still there?
Expert:  ScottyMacEsq replied 8 months ago.
Hello?
Expert:  ScottyMacEsq replied 8 months ago.
Should I continue to await your response, or may I assist the other customers that are waiting?
Expert:  ScottyMacEsq replied 8 months ago.
My apologies, but I must assist the other customers that are waiting. Once you do respond to my question, I will answer as soon as I can. Note that I may be assisting another customer or otherwise out of the office when you do respond, but I will get back to you ASAP.
Customer: replied 8 months ago.
Gathering info. What if the bank was aware of the divorce?
Customer: replied 8 months ago.
I'm stepping off for a minute. I'll be back a little later.
Expert:  ScottyMacEsq replied 8 months ago.
You said that you don't know why the bank did this. I'm asking why they would have any reason to do otherwise. That is, a bank doesn't know of a divorce automatically. It has to be informed of it. If the terms of the settlement / decree give one of you rights over another, the bank would need to be informed by you and/or him. Now I assume that your question was "why was it sent to him?" but did you have a different question that you're seeking to have answered? You didn't ask an explicit question...
Customer: replied 8 months ago.
No. My question is: what if you file knowing that this wasn't meant for you to file. He wrote the divorce decree. His name was taken off the mortgage.
Expert:  ScottyMacEsq replied 8 months ago.
It was taken off the mortgage with the bank, correct? And he agreed, specifically, to give up the interest deduction to you?
Customer: replied 8 months ago.
He gave up all interest to the house and had no ownership after the divorce. He filed a 1098 and (i suspect) that he left my name off the form. Both of us were on the mtg before the split. Shouldn't my signature be on this?
Expert:  ScottyMacEsq replied 8 months ago.
You said "his name was taken off the mortgage". I understand that it was also taken off the deed (again, two different documents). But the bank HAS to allow him to have his name off the mortgage. Sometimes this is through a "release", but more often it's through a refinance by the person who will stay on the mortgage. Was there either a release or refinance (or some other action by the bank) that took him off the mortgage?

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