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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  JD, MBA
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i filed for divorce in 2006, and quit claim deeded the marital

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i filed for divorce in 2006, and quit claim deeded the marital home to my husband in Sep 2006 with the understanding he would remove my name from the mortgage, which is in the final divorce decree. He never did. To be fair, he has never missed or been late on a payment. In 2009 I filed chapter 7 bankruptcy. I included the mortgage on my list of debts as I was, and still am, on the mortgage. The bankruptcy was fully discharged in Dec 2009. The bank still has me listed on the mortgage and says my ex-husband cannot refinance because on paper he cannot qualify without my income, even though I have not lived in the home or contributed one penny since 2006. How do I get my name off that mortgage so I can move on with my life?
Hello and thank you for allowing me the opportunity to assist you.

Generally speaking, a person's name can only be removed from a mortgage if the co-borrower can qualify for the mortgage on his own so that he can refinance. If he cannot refinance in his name alone, then both borrowers usually remain liable. The lender can also agree to remove a borrower without the need to refinance, but that is extremely rare.

However, I'm happy to say that none of that matters in your case. You had the mortgage discharged in bankruptcy. That means that you are no longer liable for the mortgage regardless of whether the original mortgage documents still show your signature. The lender cannot go after you if your ex ever misses payments, nor can the lender make negative entries on your credit report. Simply put, the bankruptcy already put you in the position that you want to be in so that you can move on with your life.

Granted, the lender may, from time to time, send you correspondence since you are still listed on the mortgage. For example, if your ex were to miss payments and the lender would want to foreclose, then it may give you notice of the foreclosure. But you can simply ignore it since you are no longer liable for the mortgage and you are no longer an owner of the property.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

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