Compare Mortgage Quotes

Refinance Rates for Today

Please enable JavaScript for the best experience.

In the mean time, check out our refinance rates!

Company Loan Type APR Est. Pmt.

Quit Claim and the morgage holder.

Posted on: 05th May, 2009 07:16 am
in my divorce it was ordered that my ex spouse`s name be removed from the deed. when i talked to the finance company they refused and said the only way it can be removed is to refinance. i can`t do this because of my finincal situation. does the quit claim overide the companys policy?
Hi Jimmy,

Welcome to our forum

"In my divorce it was ordered that my ex spouse`s name be removed from the deed. When I talked to the finance company they refused and said the only way it can be removed is to refinance. I can`t do this because of my finincal situation. Does the Quit Claim overide the companys policy?"

Yes, In my opinion quit claim deed is best option to solve your issue. by quit claim deed you can remove your ex spouse's name from deed easily. But you must have to refinance your mortgage.

Thanks & Regards.
Posted on: 05th May, 2009 08:55 am
that wasn't an answer to your question, jimmy.

a quit claim deed has no relevance to a lender. it's not a company "policy," but instead it is law. if you sign a note, you sign a note. a name cannot be removed from a note. a refinance creates a whole new loan, and in that way the old note would be negated.
Posted on: 05th May, 2009 09:51 am
i agree with george. a quitclaim deed will not help you in removing your ex-spouse's name from the mortgage. you can check out if the option of novation is available to you or not. it is also a way of transferring the mortgage.
Posted on: 05th May, 2009 10:05 pm
Page loaded in 0.073 seconds.