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Old 05-28-2007, 09:57 PM
Junior Member
 
Join Date: May 2007
Location: mississippi
Posts: 1

deed of trust vs promisary note


What is the name of your state? MS

I am recently divorced and part of the divorce decree stated that he must refinance our home within 60 days of it being filed which was expired before the divorce was even final. He did refinance but since legally we were still married in the state of MS your spouse must sign a deed of trust (bank said just so we are aware the other is borrowing that amount of money). So I did sign the deed of trust and now my name is not on the mortgage, i did not sign the promisary note. my question is if he defaults on the note/mortgage can i be liable with my name on the deed of trust???? and if i sign a quitclaim deed and have it filed will i be done with this mess??

also I bought another house of my own to live in before the divorce was final(I know not smart but because of other circumstances it was then or never) .....same situation reversed my name only on the note/mortgage but because we were still legally married he had to sign my deed of trust. if i get him to sign a quitclaim deed will that take care of my side??? At this time we get along fine rarely talk but he has severe credit issues and i wouldn't want my home to get tangled in with any leins because of his credit card debt because of him being on my deed of trust????is that possible???

ThankYOU any advice would be greatly appreciated
  #2  
Old 05-28-2007, 10:45 PM
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Join Date: Nov 2005
Location: South Cackalacky
Posts: 15,204
This is normal in your state. There is nothing to worry about. I'm not sure that each of you needs to do quit claims.
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