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Removing name off a mortgage after being divorced 4 years..

Posted on: 16th Nov, 2008 03:37 pm
I quick deeded the house to the X but my name and hers is still on the Mortgage.After 4 years of divorce,I am wanting to purchase a home of my own but I can not get a loan due to the fact that the prior mortgage is in my name.My X has been living off the IRA's and prior investment that I gave her in the divorce and has not worked during nor after the marriage, thus she can't refi...I was told by a mortgage company that I need proof of her paying the mortgage for the last 4 years but she refuses to give me any copies of the cancelled checks to the bank nor any proof.What can I do to get the proof of her payments???
hi frankiea!

welcome to forums!

when you quit claimed the property to your ex, didn't the lender ask her to refinance the property? once the ownership changes, the lenders ask the current owner to refinance the property.

refinance is the best option to remove your name from the mortgage. in order to get the proofs of the payments of mortgage, you will need to negotiate with her.

feel free to ask if you have further queries.

sussane
Posted on: 16th Nov, 2008 07:28 pm
No !!!! the lender never asked her to REFI....even the tax bills are in her name alone..not sure what to do next.I can't negotiate a thing with her....as a matter of fact she now says she can't afford the payment due to the economic situation and the stocks and investments have gone down due to the bad economy and she is now threatening to let the house go to forclosure.Now she called me and asked me to start paying the mortgage untill she can sell it!! Bye the way.its been up for sale 2 years and no bites $425,000 home....what a nice guy I was NOT to demand my name off the mortgage so she could stay there without having to refi..she has no job so she would have been turned down..
Posted on: 16th Nov, 2008 09:29 pm
Hi Frankiea,

Welcome to our community forums.

I can understand your situation very well. But the fact remains that even if your ex agrees to show the payment proofs for past 4 years, she wouldn't refinance, isn't it? So, what's the use of persuading her to show the proofs of payment? or do you mean that the mortgage company would allow you to refinance if there's proof that the mortgage has been paid for the past 4 years?

By the way, doesn't the mortgage company know that the house has been for sale over 2 years?

Regards,

Jessica.
Posted on: 17th Nov, 2008 05:10 am
The mortgage company would allow me to get a new mortgage on a home of my own..if I can provide the proof that she paid the mortgage on the home that my name is on ,the one I quit claim deeded to her.Then they said they will loan me money on another home for myself
Posted on: 17th Nov, 2008 07:20 am
frankie, it seems you're between the proverbial rock and a hard place. not being able to convince your former wife to provide you with documentation showing that she's paid the mortgage for the previous 4 years will keep you from making a purchase of your own; furthermore, if she does, indeed, allow the home to go to foreclosure, you'll be affected as an owner of the home and as a signer on the original promissory note.

it's time for some serious negotations. perhaps you'll need to discuss the scheme more thoroughly with her, to assure that you can sell the home for a reasonable price - whatever that may be. i think it's safe to assume that $425K is not the market value; if it were, the home would probably have sold by now. reducing the asking price might just allow for a quicker sale. also, you'll need to get involved in negotiations with the lender, it would appear; especially if she's unable to make the payments.

this is not going to be a fun time, and it will not be easy; but it's imperative that you take steps to get involved right away.
Posted on: 17th Nov, 2008 08:09 am
Ex quit claimed deed to house to me.. But, Bank never asked me to refinance and I never knew that the ex husband's name had been taken of the original mortgage which is still running. I noticed a new loan number on my bill one day and called the bank. They said his name had been removed a few years ago (after the divorce) and nobody ever notified me of this. I have a mortgage rate of 6 3/4%. I have no job and get no alimony but rather am depleting my divorce assests (1/2 of 401k) IRA to pay this mortgage. Still owe over $100,000! If you need to quit claim a mortgage, then I wonder how my ex got his name off this mortgage without me refinancing or even being notified.
Posted on: 19th Jan, 2009 06:17 pm
Hey scorpiosweb,

Your query has been answered in the given link by one of our community members:
http://www.mortgagefit.com/refinance/loan-nameoff.html

Please take a look. I hope it will help you.
Posted on: 19th Jan, 2009 10:51 pm
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