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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29102
Experience:  30 years of real estate practice experience.
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If I am divorced an d both names are ***** ***** the mortgage,

Customer Question

If I am divorced an d both names are ***** ***** the mortgage, can he quick claim it to me without my approval? If he quick claims it to me is name still on the mortgage? I do not want to be saddle with the mortgage by myself and he walks away free reaping the benefits of my great credit history by giving me all the debt because he fed a quit claim document. We both need to remain responsible for the joint debt.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a Florida licensed attorney, and I will do whatever I can to answer your question.
Expert:  Loren replied 1 year ago.
Are you online with me?
Customer: replied 1 year ago.
Yes
Expert:  Loren replied 1 year ago.
Neither spouse can release yourselves from a mortgage. You will either need the consent of the lender or one spouse will need to refinance in their own name.
Expert:  Loren replied 1 year ago.
Additionally, you are prohibited from making any change in the title without the consent of the lender. Doing so could be a default and cause the lender to foreclose.
Customer: replied 1 year ago.
How do you get consent from the lender. I do not want him released and this all on me. What about the quick claim that I do not agree with?
Expert:  Loren replied 1 year ago.
You cannot be forced to accept a deed and it is very unlikely a lender would release a co-borrower just because they ask.
Expert:  Loren replied 1 year ago.
So, I do not think is a very likely scenario that you would be left as the only one on the mortgage without you wanting that.
Expert:  Loren replied 1 year ago.
It would take quite a bit of coordinated negotiation between the lender, you and your future ex.
Customer: replied 1 year ago.
Thank you. I can sleep better without the threat. He is my ex and the new woman wants a house and he feels he can saddle me with is upside down house, the got us into with his friend, and leave ne bound.
Expert:  Loren replied 1 year ago.
You are very welcome. If you have no further questions, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated.
Customer: replied 1 year ago.
Do you have any idea how to rid us of this upside down house?
Expert:  Loren replied 1 year ago.
You have a couple of options. First, you can see if the lender will accept a deed in lieu. You would want to negotiate a release of the note as part of the process. The other option is to try to negotiate a short sale. Those are the most common methods.
Customer: replied 1 year ago.
Lost connection.
Expert:  Loren replied 1 year ago.
Did you have any further questions? Have I answered your question?
Customer: replied 1 year ago.
How can I get out of this upside down mortgage?
Expert:  Loren replied 1 year ago.
You have a couple of options. First, you can see if the lender will accept a deed in lieu. You would want to negotiate a release of the note as part of the process. The other option is to try to negotiate a short sale. Those are the most common methods.
Customer: replied 1 year ago.
We both would like to cut the loss and start over.
Expert:  Loren replied 1 year ago.
Talk to the lender about a deed in lieu.
Customer: replied 1 year ago.
Are you there?
Expert:  Loren replied 1 year ago.
Yes, can you not see my replies?
Expert:  Loren replied 1 year ago.
Are you still with me?
Customer: replied 1 year ago.
Okay. What is the likely hood of success based on your expertise. Going in a building, might lose connection for a minut.
Expert:  Loren replied 1 year ago.
50/50
Customer: replied 1 year ago.
I'm still here.
Expert:  Loren replied 1 year ago.
Talk to the lender about a deed in lieu. There is a fair chance they will go for it.
Expert:  Loren replied 1 year ago.
Have I answered your questions?
Customer: replied 1 year ago.
Okay. I will call the mortgage company.
Expert:  Loren replied 1 year ago.
If you have no further questions, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated.
Expert:  Loren replied 1 year ago.
Did you have further questions? Have I answered your questions?

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