Posted on: 05th Nov, 2009 12:04 pm
My husband and I have been seperated for 2 years and he has refinanced our home and in the process removed my name from the deed of trust. I have copies from the register of deeds but I do not see where my name was forged. I do know he refinanced with a different mortgage company and listed himself as divorced. I am not sure if that is where the forgery occured. Wouldn't that be listed in the register of deeds? We are not divorced and I have not signed papers to remove me from this deed. What do I do to correct this?
Hi Junie,
If you've not signed the quitclaim deed to transfer the property in his favor, then you would still be considered as the owner of the property. However, as he has refinanced the mortgage in his name, then he would be considered solely responsible for the mortgage dues. In case if he defaults the mortgage payments, the lender would sue him for the dues and not you. If you want to add your name to the mortgage, then both of you will have to refinance it again.
If you've not signed the quitclaim deed to transfer the property in his favor, then you would still be considered as the owner of the property. However, as he has refinanced the mortgage in his name, then he would be considered solely responsible for the mortgage dues. In case if he defaults the mortgage payments, the lender would sue him for the dues and not you. If you want to add your name to the mortgage, then both of you will have to refinance it again.