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  1. #1
    jpergoli111 is offline Junior Member
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    Oct 2011
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    Help! Question about post-divorce mortgage loan issue

    Hi there. I am having a problem that I am hoping someone has been through and can offer some advice. I live in California. Divorced since last December. 2 years ago, after separation, I QuickClaimed the residence to my ex-wife. I rent a different house now. Last November, she decided to stop paying the mortgage. The loan is through CitiMortgage. I recently found out by accident that she has succeeded in getting approved for the Fannie Mae Alternative Mortgage Program. She has now gone through the trail period and been approved for the program. As I understand it, the outstanding monies owed, $25K plus attorney fees, that she did not pay, get tagged onto the priciple. To me, this means the loan is getting modified. We are both borrowers on the loan. I have been in contact with Citimortgage. Of course, my question to them was how she could do this without any approval or signiture required from me. It seems the QuickClaim overrides the need for my signature. The only options, as per CitiMortgage, to get me off the loan is ReFi (she can't qualify), or, she assumes the loan (pay the 25K now and sign me off) or, we both sign a Release of Liability package (again, she brings the loan current, $25K now). She refuses to bring the loan current, claiming to not be able to, although she just received $60K from my retirement, so I know she has the funds.

    I've contacted my attorney again, but cannot believe that CitiMortgage will not remove me from the loan, even though I no longer own the property, nor do I live there. It seems I have absolutely no rights. Over the past year, she has also damaged my credit rating by letting the loan go delinquint. The house was in foreclosure, btw, and was scheduled for public sale today, but she has managed to get that pushed out until next November as well.

    Has anyone been through this? I would appreciate ANY help at all. I know my ex. She will keep me on that loan forever. Please help!!
  2. #2
    LdiJ is offline Senior Member
    Join Date
    May 2004
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    66,113
    Quote Originally Posted by jpergoli111 View Post
    Hi there. I am having a problem that I am hoping someone has been through and can offer some advice. I live in California. Divorced since last December. 2 years ago, after separation, I QuickClaimed the residence to my ex-wife. I rent a different house now. Last November, she decided to stop paying the mortgage. The loan is through CitiMortgage. I recently found out by accident that she has succeeded in getting approved for the Fannie Mae Alternative Mortgage Program. She has now gone through the trail period and been approved for the program. As I understand it, the outstanding monies owed, $25K plus attorney fees, that she did not pay, get tagged onto the priciple. To me, this means the loan is getting modified. We are both borrowers on the loan. I have been in contact with Citimortgage. Of course, my question to them was how she could do this without any approval or signiture required from me. It seems the QuickClaim overrides the need for my signature. The only options, as per CitiMortgage, to get me off the loan is ReFi (she can't qualify), or, she assumes the loan (pay the 25K now and sign me off) or, we both sign a Release of Liability package (again, she brings the loan current, $25K now). She refuses to bring the loan current, claiming to not be able to, although she just received $60K from my retirement, so I know she has the funds.

    I've contacted my attorney again, but cannot believe that CitiMortgage will not remove me from the loan, even though I no longer own the property, nor do I live there. It seems I have absolutely no rights. Over the past year, she has also damaged my credit rating by letting the loan go delinquint. The house was in foreclosure, btw, and was scheduled for public sale today, but she has managed to get that pushed out until next November as well.

    Has anyone been through this? I would appreciate ANY help at all. I know my ex. She will keep me on that loan forever. Please help!!
    CitiMortgage is not a party to your divorce. Therefore they have every right, and will, hold you to the loan contract that you signed with them. It doesn't matter that you no longer own the property or live there.
  3. #3
    mistoffolees is offline Senior Member
    Join Date
    Mar 2008
    Posts
    21,315
    Quote Originally Posted by jpergoli111 View Post
    Hi there. I am having a problem that I am hoping someone has been through and can offer some advice. I live in California. Divorced since last December. 2 years ago, after separation, I QuickClaimed the residence to my ex-wife. I rent a different house now. Last November, she decided to stop paying the mortgage. The loan is through CitiMortgage. I recently found out by accident that she has succeeded in getting approved for the Fannie Mae Alternative Mortgage Program. She has now gone through the trail period and been approved for the program. As I understand it, the outstanding monies owed, $25K plus attorney fees, that she did not pay, get tagged onto the priciple. To me, this means the loan is getting modified. We are both borrowers on the loan. I have been in contact with Citimortgage. Of course, my question to them was how she could do this without any approval or signiture required from me. It seems the QuickClaim overrides the need for my signature. The only options, as per CitiMortgage, to get me off the loan is ReFi (she can't qualify), or, she assumes the loan (pay the 25K now and sign me off) or, we both sign a Release of Liability package (again, she brings the loan current, $25K now). She refuses to bring the loan current, claiming to not be able to, although she just received $60K from my retirement, so I know she has the funds.

    I've contacted my attorney again, but cannot believe that CitiMortgage will not remove me from the loan, even though I no longer own the property, nor do I live there. It seems I have absolutely no rights. Over the past year, she has also damaged my credit rating by letting the loan go delinquint. The house was in foreclosure, btw, and was scheduled for public sale today, but she has managed to get that pushed out until next November as well.

    Has anyone been through this? I would appreciate ANY help at all. I know my ex. She will keep me on that loan forever. Please help!!
    It is not true that you have no rights. You have lots of rights - but unfortunately made a bad decision to sign a quit claim while you were still on the mortgage.

    As Ldij told you, Citi still has the right to collect. You can't force them to do anything. At least they're giving you options - which is more than some people get.

    You need to get back with your attorney - you can probably sue your ex for contempt, although it depends on the specific wording of your decree. It may be that you'll have to pay off the loan and then sue to collect.
  4. #4
    tuffbrk is offline Senior Member
    Join Date
    Jun 2007
    Location
    Rat Race of New Jersey
    Posts
    2,012
    You're hoping that someone can offer advice?!!!! Did you use the search feature? This question has been asked and answered a million times.

    Your attorney should have advised you that you would still be liable for repayment until such time as ex refinances. Clearly, they did not concern themselves with your best interests. There is nothing that they can do for you now.

    Certainly you can file for contempt - but I'd encourage you to use a different attorney this time around.

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