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  #1  
Old 08-05-2005, 02:21 PM
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Angry

How does one remove one's name from a joint mortgage?


What is the name of your state? Texas

Hello. My fiancee has been divorced for 5 years. He signed over the house to his ex-wife upon the divorce. Now we are trying to buy a house but on his credit report he is shown as joint owner for the same house. She has been late on numerous occassions and this is reflecting on him. How can we resolve this? It was an ugly divorce so she is not exactly cooperative to refinancing the mortgage under her name and she does not have a stable job.
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Old 08-05-2005, 02:37 PM
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Location: St. Odo of Cluny Parish
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Q: How does one remove one's name from a joint mortgage?

A: By either refinancing in one name only or paying off the mortgage.
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Old 08-08-2005, 07:53 AM
fish-bum
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Or with the new loan app you provide a copy of the divorce decree and quitclaim deed to show you have signed over interest to the property.
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Old 08-08-2005, 10:33 AM
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both right


The only way to remove a name from a note is by paying it off. (refinancing is a form of paying off the old note)

You can show the quitclaim and divorce decree to the new lender, and if the ex-spouse is not delinquent, the lender can choose NOT to count the payment against you. If the ex-spouse is delinquent, you may have to get a sub-prime loan... which means a much higher interest rate.

Legally, if the divorce decree has required her to pay the note, and if she has failed to do so, you could go back to your attorney for recourse. She would be in violation of the terms of the divorce, and a judge could require the home to be sold if she does not remedy the problem.

Can you do the new loan in your name instead of his?
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