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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100009
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am trying to find out what form I need to file to enforce

Customer Question

Hi Pearl.
JA: What state are you in? It matters because laws vary by location.
Customer: I am trying to find out what form I need to file to enforce my ex to remove my name from the mortgage so this is no longer on my credit.
JA: Has anything been filed or reported?
Customer: The divorce was finalized July 2014
JA: Anything else you want the lawyer to know before I connect you?
Customer: The divorce was uncontested and I am to be held harmless for anything having to do with the property. I paid for and did all the divorce paperwork. I just want the mortgage off my credit.
Submitted: 28 days ago.
Category: Legal
Expert:  Ely replied 28 days ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am going to assume that your divorce decree states that you get the home and need to refinance it into your name only, which is standard.

If so, then your ex needs to quitclaim you his interest in the property. If you tell me what state this is in, I can provide a sample form from that state. However, this only gives you his interest in the property and he is still on the mortgage. You would then have to work with your current or another lender to refinance into your name only. He will have to sign a few documents from that lender to confirm that he has no interest in the property as well.

NOTE that this should all be done in coordination with the lender, from the beginning.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 28 days ago.
I am in NY. My ex received the property in the divorce and was supposed to refinance. He hasn't & the mortgage company isn't helping. I don't have a contact number for my ex and need this to get resolved. Please send me what I need to resolve this as soon as possible
Expert:  Ely replied 28 days ago.

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.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 27 days ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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