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Maverick, Lawyer
Category: Real Estate Law
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Experience:  20 years professional experience
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I have been divorce from my ex-wife for about five years she

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I have been divorce from my ex-wife for about five years she got soul property of the houes that I brought. In the divorce creed it stated that the house and loan is hers and no harm should come against me. I went to the bank to see how I can get my name off the loan, because when ever she is late on the payment it hurts my credit. The bank told to contact a realstate lawer, also I am remarried my wife and I can't got a loan to buy a house because My name still apear on my ex-wife morage loan. I need to know what to do to get my name clear for I can move forward.
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Maverick replied 5 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.


This is a common situation. Unfortunately the divorce judge has no power to modify a loan agreement that you signed with a third party bank. You will still be liable on the note and your credit will still be affected if your wife is late on the payments unless she can qualify for a new loan based on her own credit and income standing.


In other words, the divorce decree does not modify you obligation to the bank. If she defaults, you need to pay for the mortgage or keep it up to date and then sue her in divorce court for any losses you suffer as a result of her not following the terms of the divorce decree.


The only party that has the power to release you from the mortgage is the bank. But they have no incentive to do so unless your wife gets a new loan and pays this one off.





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