morgage title aftr divorce

Posted on: 12th Nov, 2007 08:53 am

after ny divorce 5 years ago, i signed a quit clam and husband was given 6 months to refinance. he stayed in the house, i left. he has never refinanced, my name is still on mortgage and my credit still shows i have 2 mortgages. how do i get him to refinance and get my name off of mortgage??

Total Reply : 3

Hi joyelbaz,

If you would have told your husband to refinance when you have signed the quitclaim deed, it would be better. But now as you have signed the quitclaim deed you can only negotiate with him and make him agree to refinance. Otherwise you have to pay your share of mortgage.

Thanks,
Larry

larry2

Posted on: 12th Nov, 2007 08:54 pm

Hello Joyelbaz,

Is your ex-husband paying the monthly mortgage regularly? Or is it you who is making the payments still now? If he stops paying, it will damage your credit.

You have to talk to your ex-husband and convince him for the refinance.

Did you take the lender's consent before signing the quit claim?
If the property is in his name then the lender would want the mortgage to be in his name too.

jenkin7

Posted on: 13th Nov, 2007 02:17 am

Hello Joyelbaz,

I do think you should try to get him to refinance as quickly as possible.

Is it written in your divorce decree that the refinance should occur? If so, that would be great leverage to force your issue. You may need to contact an attorney for advice on how to proceed as he would then be in violation of a court order.

michelle

Posted on: 13th Nov, 2007 01:56 pm

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morgage title aftr divorce