Jump to content
jodycat

Trapped in a mortgage with my ex-wife

Recommended Posts

In 2010 I was granted a divorce from my ex wife. We came to a marital settlement agreement, and she was to keep the marital home.

My attorney informed that if I quitclaim deeded the home to her that I would be held  harmless and free and clear of any future legal 

claims or financial responsibility related to the home, so I quitclaim deeded the house to her. I later found out that his advice was incorrect 

and that the mortgage we signed when we purchased the home was still binding on me. at one time she was not paying the mortgage

 in a timely manner and it was adversely affecting my credit.. Of late she is all caught upon the payments. I've been trying to purchase a 

a home with my new wife and can't get a loan because the prior mortgage keeps showing up. I later found that my attorney should have added

a clause for my ex to have the home refinanced in her own name. I also found out that she got a loan modification on the home which I believe

should have required my signature if I was on the original loan. How can I get my name legally removed from this mortgage, and move on with

my life?

Share this post


Link to post
Share on other sites

You can't.  The mortgage note is between you, your ex-wife and the lender.  The only ways to "get your name legally removed from the mortgage" is to pay off the mortgage by: your ex refinancing the loan, selling the house, or the loan company allowing your ex to assume the loan.  If your attorney actually told you you would be released from the mortgage by quit claiming the property to your wife, he or she is guilty of malpractice.

Share this post


Link to post
Share on other sites

What about the fact that my ex got the mortgage modified with my name in the original mortgage, but I did not sign any paper work for the modified mortgage. My signature has to have been forged.

Share this post


Link to post
Share on other sites

I' m not sure when and how it was done  but since my name is still on the mortgage, it shows on my credit report that the loan was modified. It simply says loan modified non- government. I do know it had to have been done post divorce and that I never signed any papers related to a modification. The relationship between me and my ex has not been amicable,so definitely would not have signed anything to keep me trapped in the.mortgage.

Edited by jodycat
Misspelled.words

Share this post


Link to post
Share on other sites
On 3/11/2017 at 10:57 AM, jodycat said:

How can I get my name legally removed from this mortgage

 

Your ex will need to refi.  It may be necessary for you to seek a modification of your divorce decree.  I suggest you contact a local family law attorney and probably should put your former attorney on notice regarding his/her malpractice.

 

 

On 3/11/2017 at 5:43 PM, jodycat said:

What about the fact that my ex got the mortgage modified with my name in the original mortgage, but I did not sign any paper work for the modified mortgage. My signature has to have been forged.

 

That your "signature has to have been forged" is nothing but speculation and may not be true.  Of course, since you're a party to the mortgage, you can contact the mortgage lender and obtain copies of the relevant paperwork to be sure.  As for the question, you cannot be bound to a modification to which you didn't agree, but that has no impact on the original question or your liability under the mortgage that you did agree to.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...