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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My divorce, on mortgage. how do I get my name off it?

Customer Question

my divorce, my name is ***** ***** mortgage. how do I get my name off it?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Tennessee.
JA: Has any paperwork been filed?
Customer: yes. we have been divorced for 5 years.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can she be made to re-finance or get her to send proof of 1 years payments so I can get a loan for house ? Bank wants cancelled checks as proof.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 month ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 1 month ago.

Good afternoon. What is in the divorce decree regarding the home?

Customer: replied 1 month ago.
I divested all interest in the house completely.
Customer: replied 1 month ago.
I Don't wish to call. Thanks
Expert:  RealEstateAnswer replied 1 month ago.

Thank you for the reply. In order to get off the mortgage, the home would need to either be refinanced, solely in her name or she would have to contact the bank and see if they would agree and allow her to assume the loan solely in her name. Normally, the Judge would have ordered if she was supposed to be financially responsible for it, that she would need to do this in a specific time frame but if she has not and she was required to, you could file a motion to compel her to act. You can contact her and share that you want to avoid going back to court and if she can send 1 year of payments, so you can obtain a loan, you will not take action.

Expert:  RealEstateAnswer replied 1 month ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!