how is it that my ex husband attorney has the name of my new mortgage company

Can I take my ex husbands name off my mortgage?

Jun 03, 2019 · Mortgage is in ex husbands name. New husband pays mortgage. Can my new husband claim the interest/property tax? Browse Discuss. Discover. ... *Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.* 0 588 Reply. Carl. Level 15 ‎June 3, 2019 12:31 PM. Mark as New; Bookmark; Subscribe;

How do I remove an ex-spouse from a loan?

Feb 25, 2022 · The only legal way to take over a joint mortgage is to get your ex’s name off the home loan. The same goes for a co-borrower who no longer wants to be on the line for a mortgage they co-signed. If...

Can my ex-spouse remove me from the title to Our House?

Feb 25, 2011 · Since they have been unable to re-finance, they can ask the lender to allow what is called a "novation" to remove your name. While this is only rarely allowed, it's still worth trying. A novation could be accomplished by your ex-spouse proving that …

How to remove a spouse from a mortgage after a divorce?

There are two ways to remove an ex-spouse from a loan: Release and refinance. A lender may release the ex-spouse from the loan. If presented with a divorce decree and a quitclaim deed, many lenders will remove the ex-spouse and leave the loan in the name of one spouse only. This is true even for loans underwritten by the Veteran’s ...

Can a mortgage be transferred in a divorce?

Transferring the existing mortgage to the spouse keeping the house might be the easiest way to settle the housing issue. Usually a lender will want copies of the divorce decree and a properly executed and filed quitclaim deed in order to transfer the mortgage. Taking over a mortgage is called a mortgage assumption.May 26, 2020

How do I get my ex husband's name off my mortgage?

There is only one way to have your spouse's name removed from the mortgage: You will have to apply for a loan to refinance the mortgage, in your name only. After all, the original mortgage was approved in both of your names, giving the lender two sources of repayment.

Can you remove someone's name from a mortgage without refinancing?

You can remove a name from your mortgage without refinancing by informing your lender that you are taking over the mortgage, and you want a loan assumption. Under a loan assumption, you take full responsibility for the mortgage and remove the other person from the note.Jul 23, 2020

Can I force my ex to take my name off the mortgage?

You could try to do some of the work for her and call around to various lenders. Since you are still on the loan and title, you are also allowed to shop around. However, without a cooperating lender, you cannot force her to do the impossible.Jan 10, 2016

Does my ex have to pay half the mortgage and child support?

Married: If you are married to the child's parent then it does not matter who owns the family home. If the child support does not cover the mortgage payments and household bills, your ex-spouse could apply for spousal maintenance.Dec 27, 2018

How do I remove my ex-partner from house deeds?

Your ex-partner will almost certainly require your consent to remove you from the title deeds and/or mortgage. Usually after divorce or separation, one party applies for a transfer of equity to have the other removed from the title deeds, simultaneously enabling the lender to remove them from the mortgage.Dec 19, 2019

Can a joint mortgage be transferred to one person?

Yes, that's absolutely possible. If you're going through a separation or a divorce and share a mortgage, this guide will help you understand your options when it comes to transferring the mortgage to one person. A joint mortgage can be transferred to one name if both people named on the joint mortgage agree.

What happens if your name is on the deed but not the mortgage?

If your name is on the deed but not the mortgage, it means that you are an owner of the home, but are not liable for the mortgage loan and the resulting payments. If you default on the payments, however, the lender can still foreclose on the home, despite that only one spouse is listed on the mortgage.Apr 20, 2021

How long before you can remove a co signer from a mortgage?

If the conditions are met, the lender will remove the cosigner from the loan. The lender may require two years of on-time payments, for example. If that's the case, after the 24th consecutive month of payments, there'd be an opportunity to get the cosigner off the loan.

What happens if you have a joint mortgage and split up?

If you have a joint mortgage with a partner, each person owns an equal share of the property. This means that if you split up, you each have the right to remain living there. It also means you're equally responsible for the mortgage repayments.

What happens if one person stops paying the mortgage?

If you stop paying your mortgage repayments in full then your home could be repossessed by your mortgage lender. The other implications are that your credit score could be negatively affected that will have an impact on any future mortgage application, mobile phone contract or loan approval.

What happens to a joint mortgage when you divorce?

A joint mortgage means you're both liable for the mortgage debt until it has been completely paid off - regardless of whether you still live in the property. If you miss a payment or fall behind on payments, it will negatively affect your credit score, and that of your ex-partner.Jan 7, 2022

How to release a VA loan?

The Solution: Release or Refinance 1 A lender may release the ex-spouse from the loan. If presented with a divorce decree and a quitclaim deed, many lenders will remove the ex-spouse and leave the loan in the name of one spouse only. This is true even for loans underwritten by the Veteran’s Administration (VA loans) or other governmental organizations. 2 Refinancing creates a fresh loan in the name of only one spouse. The prior loan is paid off as part of the refinancing. After the refinancing, the ex-spouse that is no longer listed on the property and is not responsible for past due mortgage payments, liens, or other property-related debt.

How to remove ex spouse from mortgage?

There are two ways to remove an ex-spouse from a loan: Release and refinance. A lender may release the ex-spouse from the loan. If presented with a divorce decree and a quitclaim deed, ...

What is the document that secures a property called?

The bank loan is secured by the property. In some states, the document that secures the property is called a mortgage. In others, it is called a deed of trust.

How is property ownership determined?

Property ownership is determined by the deed filed in the land records. Your liability to the lender is determined by your loan documents and your mortgage or deed of trust, which is also filed in the land records. It is possible for you to be removed from the deed without being removed from the loan. This often happens with a divorcing couple ...

What happens if you are not on a mortgage?

If you are not on the mortgage, your spouse who is on the mortgage can borrow against the equity in your home without your consent or knowledge. If you are not on the title, your spouse who is on the title can sell the property without your consent. The spouse who is on the title can bequeath the property to someone other than their spouse in ...

Can you give a mortgage if you are on the title?

You cannot give a mortgage unless you are on the title. So, if only your spouse is on a mortgage, you are not necessarily on the title, automatically or otherwise. You may, however, be on the title, but not on the loan as you’ll see below.

What happens if you miss a mortgage payment?

Also, if you have trouble paying your mortgage and miss payments, only the spouse who is on the mortgage note will have their credit affected. Another benefit to a spouse who is not on the title is that they may not have liability if someone is hurt on the property (although most accidents are covered by the homeowner’s insurance).

What happens if you put your name on a deed?

For example, in New York, if your name is on the deed, you are an owner of the property and you are free to leave your ownership interest in the property to whomever you choose. On the other hand, in community property states (which include California and 11 other States), money earned by either spouse during marriage and all property bought ...

How much does it cost to get a deed if you are not on the title?

An attorney would prepare the deed and necessary transfer tax forms for a cost of approximately $750, plus another $400 or so for filing the deed and for the real property transfer taxes filing.

David Lloyd Merrill

Yes -- they will. The problem is that you do not owe on the house, BUT the house is still tied to the claim your husband owes. Even when he files a bankruptcy and gets a discharge, that will only affect his personal liability, but not the secured claim the bank has on the house...

Ashley Anne Digiulio

This is a conversation you should be having with a bankruptcy attorney (for yourself). You can get a free consultation.#N#The second mortgage is likely not going to foreclose on your house because they would have to pay off the first mortgage. So you don't have that to worry about.

Matthew Erik Johnson

Yes, they will likely come after the home. However, banks can be quick to foreclose, or can take years. So you have options#N#Wait it out and see what happens, but prepare to move within a month or two of receiving a notice.

Neil M. Colman

The key to your inquiry are the provisions in the Judgment relating to home.

John F. Brennan

This is determined by property law and, more importantly, your Judgment of Divorce. It would appear that he kept the house, but was unable to refinance or buy you out. Therefore you are still liable on the note - which I suspect calls for him to pay and hold you harmless on the note.

Peter L. Conway

In order to properly respond to your question, it is necessary to review your judgment and see the specific provisions related to the house. The judgment will affect your rights, whether you are on the deed or not.