House signed over but name still appears on mortgage

[cmvalentino]

What is the name of your state (only U.S. law)? NY

During the divorce, it was agreed that the home would be given to my ex. The transfer papers and fees were done by me which resulted in my name being removed from the deed. I am finding out now after being denied for a loan
that they never took my name from the mortgage and it still appears on my credit report.

Since the Ex is incapacitated and her sister is her Legal Guardian, they claim they can not do anything at this time. My guess is that they can not obtain a new mortgage.

What are my options to have my name removed from the mortgage on the house. It is hurting my debt to income ratio for loan approval.

1. Can they be court ordered to rectify this being it was all court ordered with the transfer papers and fees?

2. Is a assumption of the mortgage the right way to go?

3. Can they be forced to sell the property if they can not qualify for refinance?

 

[justalayman]

Of course they didn't take your name off the mortgage. The only way that happens is if the loan is paid off or they rewrite the loan in just the one person's name.

Since the Ex is incapacitated and her sister is her Legal Guardian, they claim they can not do anything at this time. My guess is that they can not obtain a new mortgage.

so, this was not considered during the divorce process?

What are my options to have my name removed from the mortgage on the house. It is hurting my debt to income ratio for loan approval.

1. Can they be court ordered to rectify this being it was all court ordered with the transfer papers and fees?

rectify what? You are the one taking all the wrong actions here. You should not have relinquished your interest until her side of the deal was completed as well. You are now stuck where you are, for the time being. What happens is going to depend on what the divorce orders required of the other party.

2. Is a assumption of the mortgage the right way to go?

assumptions must be approved. What makes you think the bank would allow this? Depending on the assumption, it may not remove you from the obligation anyway.

3. Can they be forced to sell the property if they can not qualify for refinance?

what did the divorce order say regarding the debt associated with the home?

 

[stealth2]

What is the name of your state (only U.S. law)? NY

During the divorce, it was agreed that the home would be given to my ex. The transfer papers and fees were done by me which resulted in my name being removed from the deed. I am finding out now after being denied for a loan
that they never took my name from the mortgage and it still appears on my credit report.

Since the Ex is incapacitated and her sister is her Legal Guardian, they claim they can not do anything at this time. My guess is that they can not obtain a new mortgage.

What are my options to have my name removed from the mortgage on the house. It is hurting my debt to income ratio for loan approval.

1. Can they be court ordered to rectify this being it was all court ordered with the transfer papers and fees?

2. Is a assumption of the mortgage the right way to go?

3. Can they be forced to sell the property if they can not qualify for refinance?

I'm going to guess you didn't even consult with an attorney to go over the papers you drew up. Bad move.

 

[Just Blue]

https://forum.freeadvice.com/divorce-separation-annulment-36/can-stipulation-settlement-revisited-487200.html