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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37841
Experience:  16 years real estate, Realtor. Landlord 26 years
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Second opinion] approx 10 years ago my former wife and i

Customer Question

Second opinion] approx 10 years ago my former wife and i were joint on a mortgage. due to her failing health the home was refinanced and my daughter was deeded the property and the mortgage. i and my wife (who has since passed away) were removed as the primary on the mortgage and i agreed to co-sign for her ( my daughter). as a result her occasional late payment of this mortgage has a major impact on my credit score and my ability to obtain a mortgage of my own. I receive no notification that she is delinquent from the mortgage company and the only way i know is when i check my credit score. i have tried a quit deed to try and get my name removed from the mortgage so it is not reported on my credit score. is there any legal means to get my name removed from the mortgage.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: the house is in Florida and i live in California
JA: Has any paperwork been filed?
Customer: i have filed nothing, i don't know what to file. my daughter doesn't talk to me
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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is there any legal means to get my name removed from the mortgage.

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Unfortunately the answer is no, when you quitclaim deed a property, you are just transferring ownership, not the debt that comes with the mortgage.

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There are only 3 ways that someone can get their name off a mortgage. The first way would be if a lender voluntarily agreed to release the person from the mortgage in writing. This isn't very likely as the lender currently has 2 people on the hook for the mortgage. The second way is if the loan is paid off. And the third is if the loan is refinanced in only one party's name.

So unless one of the above could apply, both people are stuck on the mortgage until it is either paid, the house is sold and it is paid, or it is refinanced.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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Barrister