how did ex husband get name off mortgage without me refinanc

Thanks for that information - Do you know how I would go about doing that ??? Do I just go to the courthouse here - where I live and tell them that is what I need to do and then do we sell the house together - ????

I would like to know how your ex got his name off the mortgage without you refi-ing or assuming the current loan. To assume and get one party off, the other still has to qualify. My ex got the house and the responsibility of the mortgage but as a safety net he was supposed to refi or sell the house. Ha and that is when it was not so bad. You cannot qualify for refi if you will not work and he never really tried to sell it. Now my credit score just took a nose dive because he was 30 days and almost 60 days late paying. I have been trying since Nov 08 to get the mortgage company to give me a release from the promissory note. I cannot get a straight answer from anyone. No matter what the courts rule in your divorce if the "responsible" party defaults they will come to you. I will sign a quit claim when he takes care of business and not before. Of course, he will probably default before then unless he gets some bail out funds. :?:

Hi drdevita

You can contact an attorney who will help you in filing the lawsuit. You will have to file the lawsuit in the county where the property is located.

Thanks.

hi na,

as your ex-husband did not refinance or sell the property, your credit will take a hit in he defaults since you are the one on the loan, not him. i think you too, should think of filing a partititon lawsuit with the court so the property is sold off by the court to pay off the loan. as long as he is unwilling to refinance or sell, you cannot force him to do so. thus, intervention of the court seems the only option left.

Did he file Bankruptcy? That would force the lender to put the loan under one name...

the bank I deal with will not take my ex husband off the morgage, he even quick morgaged it to me. The bank can not find the orginal note they say. I also signed documents 2 years ago in my name only with banks attorney and now they say I have to refinace the house or he has to die to get him off the morgage what can do here.

Hi Belinda,

You need to refinance the loan in your name to get your husband's name off the loan. Since your husband's name is on the loan, he is responsible for it. Unless you can show them you have a good income and can afford the payments, they will not remove his name from the mortgage. If the mortgage is assumable, you can assume the responsibility of paying it off. But this will also require you to show income adequate enough to afford the mortgage payments.

both of cars we own just been paid off, well actualy one has beed given 14K to pay off loan and both my and my husbands name on it, the other one was bought for 3K instead the other loaner we had. all the money came from my inheritance from my granma'. 3.K one has his name on it only and the other both of ours, can i go and get titles put into my name without him as he is not available and i just wanna secure myself

If you want to continue to live in the house, it would be to your best advantage to refi the house (no matter the cost) and get it out of your ex's name. Assuming this property was bought before you divorced, it would be communitive property and this could potentially cause a huge legal problem for you. He could force you to sell the property and he can assume half of your profit even if you have been making payments on the house without his help. If his name is no longer on the deed, he will not have any rights to your profit if you do decide to sell at some point. I am assuming that he wants it out of his name and off of his credit, so a judge will look at it as if it is harming his way of living and force you to sell the home. You can roll over the closing cost back into the loan so you will not have to come up with the money out of pocket. This should have been handled within the divorce, however if it wasn't, before he chooses to sell the house, refi while he is still giving you the option.

To Guest,

"3.K one has his name on it only and the other both of ours, can i go and get titles put into my name without him as he is not available and I just wanna secure myself."

If the car title has only your husba name, you can get it changed in your name if he agrees to sign it over to you. But since you say he is not available, you can contact the Department of Motor Vehicles and check out if you can get a new title issued in your name.

I filed Bankruptcy to release my liability and name from my mortgage when my ex decided to not refi the house when I signed the deed over in the divorce...almost two years later I found out my name is still on morgage and he just used my income to receive a loan modification...I have the release of liability from the courts but the lender never filed it ...I am going to prosecute him for fraud...perhaps I will get the house back...

Hi Jen,

"...he just used my income to receive a loan modification"

I'm not sure how he used your income to qualify for the loan modification. This seems to be a fraud and you can take legal action against him.

As you have been discharged from the bankruptcy, you are not responsible for the mortgage. You should check your credit report to see if the loan obligation still appears on it. In case it does, you should dispute it with the credit bureaus.

Does the divorce decree state that your ex needs to refinance the loan in his name within a particular time period? If it does, then he is in contempt of the court and you can sue him for the violation of the court order.

I have been divorced for about 6 yrs now and just found out that my ex never took me off the company that we financed the house with - since then he has also filed bankruptcy too and this is has now affected my credit badly - is there any way I can get my name off the papers with the finance company since he got the house?

Hi deva,

You won't be able to remove your name from the mortgage unless your ex refinances the loan in his name. You will have to ask your ex to refinance the loan. Again, as he had filed bankruptcy, there's a low chance that he would be able to refinance the loan.

Thanks

I divorce my husband in 2008, in the divorce I was granted my condo back. I would like to know how do I get his name off the mortgage loan. At this time the bank is allowing me to refinance because the loan is up side down. So is there any other way I can make this happen without refinancing. He is refusing to quick deed it back to me.