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Quit Deed Claim after Motion to Surrender

Posted on: 26th May, 2009 10:32 am
my estranged husband & i reside in tn & separated 2 yrs ago. before he left, he signed a motion to surrender for the property (it was honored by the bankruptcy court) that has only him on the mortgage but both of us on the deed. since then, i've maintained the home & the mortgage pmts; will a quit deed claim from him to me be legal in this case?
hi tate5ctrayce!

welcome to forums!

a quitclaim deed from your ex-husband can help you in transferring the property in your name. however, as there is a mortgage on the property, you will have to refinance it in your name.

feel free to ask if you have further queries.

sussane
Posted on: 26th May, 2009 08:59 pm
MY WIFE FILED A QUIT DEED TO ME AS SOLE OWNER. WE ARE GETTING A DIVORCE AND I WAS WOMDERING IF THE JUDGE WOULD BE ABLE TO TAKE HER OFF THE LOAN WITH OUT ME REFINANCING IN AN INJUNCTION TO MAKE ME SOLEY FINANCIALY RESPONSIBLE?
Posted on: 04th Jun, 2009 03:28 am
Hi MAD!

Welcome to forums!

The judge cannot remove your wife from the loan. You will have to refinance the loan in order to remove her name from the mortgage docs. Once you refinance the mortgage, you'll become solely responsible for the mortgage.

Feel free to ask if you have further queries.

Sussane
Posted on: 04th Jun, 2009 10:13 pm
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