Quitclaim deed and selling the house

What is the name of your state? North Carolina

My new husband signed a quitclaim deed giving his interest in his house to his exwife back in 1999. However, the mortgage for the loan on the house still has his name on it. She got two lines of credit on the house over the last few years and has paid the mortgage faithfully since 1999.

We recently found out that she is putting the house up for sale. While we don't have a problem with her selling the house, we are concerned that there may be ulterior motives (ie possibly moving the children out of state) as she didn't tell the kids, nor us. We found out b/c we were looking on line for a new house and saw her address on a realtor's website.

My question is, although i understand he has no claim to the house, does he have some sayso since his name is still on the mortgage? If she sells the house and she gets a check, will the check have both her and my husbands name on it?

sorry if this is a confusing question. thanks!

[nextwife]

He should be thrilled that debt obligation is disappearing.

He CAN get his attorney to court to file for a move-away restriction on the kids before she can move anywhere.

[JETX]

"does he have some sayso since his name is still on the mortgage?"
*** Nope. The mortgage and the title are too separate issues.

"If she sells the house and she gets a check, will the check have both her and my husbands name on it?"
*** Probably not. Any remaining funds (after mortgages, etc.) are paid off will be hers in entirety.

And as noted by next, right now your husband is still on the hook for the note if his 'ex' fails to pay. Once that mortgage is cleared (in the sale), his obligation will also end.

thanks for your responses. Here's another follow up question. In order to pay off the mortgage (which has both names on it) wouldn't my husband have to be present at the closing to sign and pay off the mortgage?

[JETX]

Nope. At closing the title company will have the 'payoff' figures from the mortgage company and will simply cut them a check to pay off the mortgage.

[HomeGuru]

This is one situation where one need not be present to win ( a payoff)