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Quit claim filing

Posted on: 18th Feb, 2010 10:37 am
I live in Hawaii. I am divorced with 2 children under the age of 18. I have full legal and physical custody of the children. The divorce was final Nov 2009. I am in the process of applying for a remodification loan with Homestreet Bank for the mortgage so I can afford the payments. Consumer Credit Counseling Service is helping me with the loan process. There is equity in the property. My ex is on the title of the townhouse and mortgage. He is willing to quit claim the deed to me. What do I do with the Quit Claim form once he has signed and notarized it?
Hi Hanaigirl,

You need to record the signed quit claim deed at the county recorder's office to make the deed valid. However, you should remember that though your ex signs the deed in your favor, it will not remove him from the mortgage. He would still remain liable for it.

Thanks
Posted on: 18th Feb, 2010 11:02 pm
whether or not the lender will consider you for modification in these circumstances is not something that comes easy for anyone to advise you...as james pointed out, your former husband is still obligated on the existing mortgage, and i suppose that makes things a bit more complicated.

ccc is a wonderful organization - i've worked with them for many years - and perhaps they have insight that we lack in this situation. perhaps they've worked with your lender before. have you had this discussion with the lender yet? this is critical, because they would require him to be involved under ordinary circumstances, i believe.
Posted on: 20th Feb, 2010 11:34 am
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