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there was a quitclaim deed filed several years ago and now bank want to enforce mortgage after death

Posted on: 28th Apr, 2009 11:46 pm
there was a quitclaim deed filed several years ago and now bank want to enforce mortgage after death...a friend of mine was divorced from her ex husband several years ago and at that time she filed a quitclaim deed. a few months ago her ex passed away and he failed to refinance the mortgage in his name. i guess my question is can the bank come after her even though she has court documents stating that he was to refinance the mortgage in his name. this all took place in indiana
Hi ddove,

It would have been better if your friend's ex-husband had refinanced the mortgage in his name. In my opinion, as the divorce decree mentions that her husband should refinance the mortgage in his name, she will not be held responsible for the mortgage by the lender. However, I would suggest her to contact her divorce attorney and discuss her options.

Take Care
Posted on: 29th Apr, 2009 03:01 am
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