If exs name is on deed and both of our names are on loan whos signatures would the bank need to modify the loan?

thats a tough one. I did work previously for a modification company and I noticed that the banks did whatever they wanted to protect them selves. Forgery, fraud, illegal foreclosures ect. There is no actual industry or guidelines like in a mortgage purchase or refi. Take a look at the modification application just google, HAMP application, and read it over. Dont take the bank or anyones word for it. Find out for yourself, from the governments webpages about HAMP

thanks for your response! i found the instructions for hamp and it states the non occupying borrow would not need to sign if they have relinquished rights to the property by a "recorded" quit claim deed. heres my problem. i signed deed in 2009, mod was done in 2010 and the deed was just "recorded" in 2011.

also if changes to the loan can be made without my signature does this mean she could borrow against the equity in the future and my name continues to be tied to this loan???

If the HAMP guidelines state that both borrower must sign and you did not sign it, then you should contact a RE attorney. HAMP states that the deed must have been recorded, and it wasnt correct? The only way off the loan is by refi or sale. If you are underwater, there really is nothing you can do to get out clean. You can either deal with EX until market turns, have the court force you to sell when you can get out of it. Or take the loss and ding to your credit and foreclose, short sale, or deed in lieu the house back to bank. Either way, without having equity, and you want out, you will have any of those options affect your credit. Consult an attorney then make your decision.