Ah, okay. First of all, it is you who wants to remove your name. Second, you did not tell me that he cannot be found, and this adds a new dimension to the matter.
Let me go back a bit. You see, when someone receives the home in a divorce, the court cannot 'void' a contract between the divorcees and a third party (the lender). Also, a mortgage situation can have a party in two positions:
1) As a deed-holder (one who holds the interest); and
2) As a mortgagee (one who pays for the mortgage).
Often, the party holds both positions, but, this is not true 100% of the time. For example, a rich uncle wants to spoil his niece and purchases her a home, but, he keeps himself as a the mortgagee but she receives the deed.
Ergo, there are generally two things done in the divorce decree:
1) You would quitclaim the home to him. This essentially gives your interest to him, and;
2) The decree orders him to REFINANCE within a certain amount of time with the lender, to take your name off the mortgage contract.
I am going to assume both of those above are in the decree. Let me know if they are not.
What has to be done is that you would give him a quitclaim deed - see HERE. Once this is done, he would then refinance into his name. If he does not, then you can go back to court and ask the court to have the property sold, or given back to you, etc.
If you cannot find him, that is an issue. You may have to get a P.I. or a private process server to find him, which they are very good at doing. But you NEED his cooperation to do the above. If he cannot be found or will not cooperate, you'd have to go back to Court and ask the Judge to order the property to be likely sold.
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