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User Topic: can he get me off the mortgage while in forclosure?
torn2bits
♀ 28376
Member # 28376
Default  Posted: 2:46 PM, November 6th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

I have been out of the house for 2 years. SAWH has been living in the house all this time. Can he legally get me off the mortgage while our house is in forclosure?

He really wants the house. I am certain he is hiding money to pay the back payments.

If he could, would I still be financially obligated for the remainder of the mortgage?

I feel he is trying something behind my back, not that I want the house, be he uses it as leverage with my kids. It has a swimming pool, etc.I am in a 2 bedroom apartment.


Me: 44/WH (SA): 49
M: 24 years 3 kids over 10 yrs old
EA/ PA Dec. 2009 -Divorce pending

Posts: 1240 | Registered: Apr 2010 | From: Midwest
Undefinabl3
♀ 36883
Member # 36883
Default  Posted: 3:08 PM, November 6th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

I am sure that smarter people will answer, but the only way I could be taken off the mortgage to the condo was for XH to refiance in just his name only.

Same with my car, the only way to get him off of the title was to refi in my name only.

I am not sure how it works while in forclosure.

Have you called the bank to find out?


Me: 31 MH
Him: 37 MH
New online find 6/19/14 - shit
Phone Find 11/21/14 - I can't even right now.

Posts: 1815 | Registered: Sep 2012
torn2bits
♀ 28376
Member # 28376
Default  Posted: 3:48 PM, November 6th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

He definitely has the means to refinance in his own name, but we haven't paid on the mortgage for 3 years and we are being sued by the mortgage company for the back payments.

Also, his credit is very bad because our boat was repo'd and our vacation home was short saled, all in the same year.


Me: 44/WH (SA): 49
M: 24 years 3 kids over 10 yrs old
EA/ PA Dec. 2009 -Divorce pending

Posts: 1240 | Registered: Apr 2010 | From: Midwest
million pieces
♀ 27539
Member # 27539
Default  Posted: 4:15 PM, November 6th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

If he has bad credit, then most likely he would not be able to refinance in his name only. Also, you would need to sign something, a Quit Claim Deed for you to give up your rights. I'm pretty sure he can't blindside you on this one. But I would talk to a real estate lawyer to be sure.


Me - 42
2 kids, 9 and 12
D-Day 2/5/10, separated 3 wks later
Divorced 11/15/11!!!!

Posts: 1278 | Registered: Feb 2010 | From: MD
monarchwings
♀ 39891
Member # 39891
Default  Posted: 5:21 PM, November 6th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

No bank will take you off the current loan even after the divorce. That loan has to be closed and a new loan taken out. The new lender would require a clean title. That would require him to provide a certified copy of the decree and a notarized quit claim from you. There is something he is supposed to give you but I cannot recall the name.

Posts: 116 | Registered: Jul 2013
Skan
♀ 35812
Member # 35812
Default  Posted: 8:07 PM, November 6th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Be careful if he offers you a Quit Claim deed. Yeah, that makes him "responsible" for the house but it doesn't get your name off of the title, so if the house is foreclosed on, it's still your credit history that will suffer and they can still come after you. I signed a quit claim for my Ex (1st H) to get out from under the payments when he couldn't refinance himself, but ONLY because I knew that he was anal about his credit history and made quite enough money to carry the mortgagee himself. He still owned the house when my FWH and I bought our first house and the former house showed up on my credit history as a liability. They did accept the quit claim and D papers to finance that house, but that was back in the '90s and I am sure that this would not be the same scenario today. My name didn't come off of that title until my X sold the house.


Imagine a ship trying to set sail while towing an anchor. Cutting free is not a gift to the anchor. You must release that burden, not because the anchor is worthy, but because the ship is.

D-Day, June 10, 2012



Posts: 5088 | Registered: Jun 2012 | From: So California
I think I can
♀ 17756
Member # 17756
Default  Posted: 8:15 PM, November 6th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

A quit claim deed gets you off the title, but you would still be on the mortgage. That would be bad bad bad. You'd have no ownership, no equity, but still owe all the money.


I'm not the winner, I'm the prize.

Posts: 8845 | Registered: Jan 2008
Phoenix1
♀ 38928
Member # 38928
Default  Posted: 8:15 PM, November 6th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

XPOS signed a Quit Claim and that removed him, legally, from the title. He has no legal claim to the house whatsoever. However, we still hold a joint mortgage so he is still liable for that until I refinance, which I have no deadline for and have no plans to do any time soon because he destroyed my credit and any refinance will be at a higher interest rate. The mortgage company could care less about a divorce decree where his liability is concerned and won't remove his name until it is refinanced. That debt will remain on his own credit reports as well, which may prevent him from ever purchasing his own home. But with is name off the title, he can't do anything with/to/involving the house itself. He is pissed about being in that position, but I have absolutely no sympathy...


BS - Me
XPOS - too many OW/OCs over 20+yrs
Kids - DDs 23,18 -DS20 Deceased
M Dissolved 2013

This above all: to thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man ~ Shakespeare, Hamlet


Posts: 1257 | Registered: Apr 2013 | From: Rising out of Hell's ashes!
torn2bits
♀ 28376
Member # 28376
Default  Posted: 8:38 PM, November 6th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

Oh thank you all so much! I am not signing a Quit Claim. As all of you have stated, it still holds me liable. He seems to think that just because I haven't lived there for 3 years that he can just get me off the mortgage and the foreclosed house is his to do with what he pleases.

I at least have a place for my kids and I to live. I just have a gut feeling that he may be trying to pay all that money back to keep it current.

I think my only option is to file for bankruptcy. We bought all those items together nad he just stopped paying on everything and I could not afford them all and support my kids.

He knew exactly what he was doing. He wanted to ruin my credit right along with his.


Me: 44/WH (SA): 49
M: 24 years 3 kids over 10 yrs old
EA/ PA Dec. 2009 -Divorce pending

Posts: 1240 | Registered: Apr 2010 | From: Midwest
chikastuff
♀ 35288
Member # 35288
Default  Posted: 10:21 AM, November 7th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

I'm confused, if he pays back the money to bring the mortgage current then the house wont be foreclosed on and your credit is safe (for now). If he wants to stay in the house then he needs to continue to pay the mortgage on time-your credit is still safe.

Why does it matter that he wants the house? I guess I don't see how he's trying to screw you here and keep the house. if it's foreclosed on then he doesn't get the house and both of your credit is damaged. If he pays and keeps the house for his use (which the court has to award), then yes you're still on the mortgage but your credit is safe.

What he needs to do is refinance in his own name-which I believe the court can order him to do, or sell the house. If he pays the mortgage and the house is no longer in foreclosure but he can't refi due to credit then the court can order the house to be sold and the proceeds split.


Me- 32
Happily engaged and moving on

Posts: 382 | Registered: Apr 2012 | From: New England
torn2bits
♀ 28376
Member # 28376
Default  Posted: 11:57 AM, November 7th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

Chika, I just think he might be trying to scrape up money to bring the mortgage back to a regular state. Its still in foreclosure right now.

I am just saying that the he thinks he can get me off the mortgage for not living there. Both of us have bad credit because we still owe the remainder on the boat. They sent us a letter saying we b oth owe $40k; which is what was left of the loan after they sold it at auction.

I just want this crap to be over.


Me: 44/WH (SA): 49
M: 24 years 3 kids over 10 yrs old
EA/ PA Dec. 2009 -Divorce pending

Posts: 1240 | Registered: Apr 2010 | From: Midwest
realitybites
♀ 6908
Member # 6908
Default  Posted: 12:01 PM, November 7th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

I agree with the others, take the bull by the horns and call the bank. You are half responsible anyway no matter what way you look at it. This way you will have no doubts as to what he is telling you or not telling you. If it were me and I knew I was half responsible for something I would want to know what is going on.

Trust me if it has been 3 years the bank would have already been sending you both bunches of paperwork and since you are on the paperwork he would need your signature, or the bank would for any legal action. If he is keeping the payments up to date and only TELLING you that it is being foreclosed on then he is trying to pull a fast one.

Get proactiv and get involved. I know it is scary but better to know then not know and get slammed between the eyes. JMO.


Posts: 5697 | Registered: Apr 2005 | From: florida
Nature_Girl
♀ 32554
Member # 32554
Default  Posted: 12:34 PM, November 7th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

No bank will take you off the current loan even after the divorce. That loan has to be closed and a new loan taken out. The new lender would require a clean title. That would require him to provide a certified copy of the decree and a notarized quit claim from you. There is something he is supposed to give you but I cannot recall the name.

This isn't entirely true in all situations. I was awarded the house in the divorce. EX will be taken off all documentation and will have no interest or liability. I am not being required to refinance because I could not possibly qualify for any loan. I have no job, have been a SAHM for over a decade, have no financial assets.


Me = BS (Stay-at-home-mom)
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011
2013 - DIVORCED!
https://www.youtube.com/watch?v=wJgjyDFfJuU

Posts: 10012 | Registered: Jun 2011 | From: USA
Brandon808
♂ 35619
Member # 35619
Default  Posted: 12:47 PM, November 7th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

I worked in mortgage banking for several years. Divorce decrees can state whatever they want but in the end they cannot compel the bank to change one document relating to the title/deed, mortgage or the note.

With regards to foreclosure if your SAWH does not bring the account current then it won't matter because the bank will take back the house and neither of you will have any ownership interest in the property. The fact that you don't live in the house does not matter. Your name is on the mortgage and occupancy would have be a documented requirement (like with VA secured loans). Even then they couldn't remove your name, just take back the property.

Sounds like your SAWH doesn't have a clue what he's doing if he thinks he can negotiate with the bank to remove your name as part of some arrangement in paying the back payments off.


xBH
D final 8/2012

Posts: 4082 | Registered: May 2012 | From: southeast
Dark Inertia
30727
Member # 30727
Default  Posted: 1:16 PM, November 7th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

Nature Girl, you mentioned before that you ex will be taken off thee loan without refinancing. How are they going to do that? I think this information would be useful for other single moms in the same situation.


"If I listened earlier, I wouldn't be here. But that's just the trouble with me. I give myself very good advice, but I very seldom follow it."

Posts: 1322 | Registered: Jan 2011 | From: The Ohio
Nature_Girl
♀ 32554
Member # 32554
Default  Posted: 1:46 PM, November 7th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

I don't know yet. All I know is that he got all the money and I got the house. There's some kind of legal way this will happen. We discussed with the judge during the trial that I would not be able to refinance, so he awarded me the house outright.


Me = BS (Stay-at-home-mom)
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011
2013 - DIVORCED!
https://www.youtube.com/watch?v=wJgjyDFfJuU

Posts: 10012 | Registered: Jun 2011 | From: USA
Phoenix1
♀ 38928
Member # 38928
Default  Posted: 1:57 PM, November 7th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

There's some kind of legal way this will happen. We discussed with the judge during the trial that I would not be able to refinance, so he awarded me the house outright.

I would be interested in knowing how this works out as well. I can't refi because he destroyed my credit, and I was also awarded the house in its entirety. It is stipulated in our agreement that our joint mortgage will remain in place until such time as I AM able to refi, with no timetable because Lord only knows when that will be. I called our mortgage company and they confirmed that they will not remove him until I refi, regardless of what is in the decree because a domestic relations judgment is not legally binding on them.

Please share your info with us NG, when you find out yourself!


BS - Me
XPOS - too many OW/OCs over 20+yrs
Kids - DDs 23,18 -DS20 Deceased
M Dissolved 2013

This above all: to thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man ~ Shakespeare, Hamlet


Posts: 1257 | Registered: Apr 2013 | From: Rising out of Hell's ashes!
Brandon808
♂ 35619
Member # 35619
Default  Posted: 3:11 PM, November 7th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

You don't need the mortgage company's permission to do a Quit Claim deed which in my experience was the most common outcome of divorce settlements. The Quit Claim dissolves any legal rights to the property. The obligation to repay the lien (i.e. mortgage) is separate.


xBH
D final 8/2012

Posts: 4082 | Registered: May 2012 | From: southeast
Phoenix1
♀ 38928
Member # 38928
Default  Posted: 3:15 PM, November 7th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

You don't need the mortgage company's permission to do a Quit Claim deed which in my experience was the most common outcome of divorce settlements.

And this is precisely what we did so he has no legal claim to the property, but he is still liable for the mortgage (along with me) while he is still a joint party. The mortgage company couldn't care less about the Quit Claim or the decree as they won't remove him from the mortgage unless I refi.


BS - Me
XPOS - too many OW/OCs over 20+yrs
Kids - DDs 23,18 -DS20 Deceased
M Dissolved 2013

This above all: to thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man ~ Shakespeare, Hamlet


Posts: 1257 | Registered: Apr 2013 | From: Rising out of Hell's ashes!
Dark Inertia
30727
Member # 30727
Default  Posted: 4:21 PM, November 7th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

I don't know yet. All I know is that he got all the money and I got the house. There's some kind of legal way this will happen. We discussed with the judge during the trial that I would not be able to refinance, so he awarded me the house outright.

I guess I am confused how a judge has any authority to remove someone from a mortgage loan. From my understanding it is impossible to remove someone off the loan without refinancing the house. And even if they are able to remove one party without the other it would seem that the bank would want to see that the party remaining on the loan has the means and resources to pay it.

You can be awarded the house outright, but the judge cannot impose on the bank for your ex's name to be removed. Banks do not get involved in domestic situations. That is your own responsibility to take care of. Correct me if I am wrong, because like I said there are so many single moms and dads out there in your situation, and if there is a legal way to do this it would benefit people.

EDIT: And I do understand we are not discussing a quit claim, which although it removes a name from a deed it does not remove their name from the loan.

[This message edited by Dark Inertia at 4:28 PM, November 7th (Thursday)]


"If I listened earlier, I wouldn't be here. But that's just the trouble with me. I give myself very good advice, but I very seldom follow it."

Posts: 1322 | Registered: Jan 2011 | From: The Ohio
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