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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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When I got divorced 10 years ago my lawyer had me sign a

Customer Question

When I got divorced 10 years ago my lawyer had me sign a quit claim deed on my home which gave ownership to my ex. Unfortunately, my name remained on the mortgage. My ex and his wife are constantly 30+ days late on the mortgage and cannot get qualified to get financed to get my name off of the mortgage or sell/buy a house. Is there another way to get my name off of the mortgage?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

The quitclaim deed doesn't have anything to do with the mortgage.......so you giving up your interest in the property via the quitclaim deed didn't relieve you of your obligation under the mortgage.

Expert:  Roger replied 1 year ago.

If the divorce decree requires your ex to refinance the property in order to remove your name from the loan.....and relieve you of liability......then you can enforce that provision and hold your ex in contempt until that happens.

Expert:  Roger replied 1 year ago.

But, if the order doesn't state anything about your ex refinancing the debt to remove your name, there's not much you could do unless you were to file a motion to modify the order to require him to refinance the debt.

Expert:  Roger replied 1 year ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks!

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