Posted on: 10th Jun, 2008 04:11 pm
i bought my house in 1989 as a single person and married in 2002. in 2003, i refinanced and my husband's name was added to the deed of trust, but the mortgage remained in my name only. i got a divorce in 2004, but didn't think about a quitclaim at that time. i was in the process of getting another refinance when i learned that i must get a quitclaim to remove my ex-husband. since i have no contact with him and don't know his whereabouts, how can i get this resolved?
Unfortunately I believe you are going to have to find a way to contact him. If you don't know his whereabouts do you know where his family is from or how to contact any of them?
Hi drwade,
Welcome to forums.
You need to find him out or as Scott said, contact his family so that through them you can find his whereabouts. It's important to find him or else how would you change the name on the deed.
Thanks
Welcome to forums.
You need to find him out or as Scott said, contact his family so that through them you can find his whereabouts. It's important to find him or else how would you change the name on the deed.
Thanks
A "deed of trust" is a mortgage. It doesn't sound as if your husband is on the title. The lender is just being extra cautious to make sure your ex renounces any community property interest. However, if there is not equity in the house, he has no community property. Explain that to the lender and they may waive the quitclaim requirement.
You might want to hammer on your attorney; it's "standard" to deal with jointly held property, especially real estate. Look at your divorce decree. It may deal with the real estate and contain language that "if spouse doesn't sign a deed within X days this decree may be recorded as a deed". Barring that you should speak with an attorney – either your divorce attorney who I think "owes" you or an attorney with a title agency – on possible alternatives.