Still on title and loan after divorce, what can I do?

[GinGus]

What is the name of your state? CA

My divorce was final 09/07. In the final decree my husband got the house. We had a first and second mortgage. I was on the first mortgage but not on the second.

I filed a "Quit Claim Deed" for the property.

My name is still on the title and the first mortgage and I would like it removed. I do not want to be responsible if something happens to my ex or if he can't make the payments.

With the way the market is currently he is upside down in the value of the property so he can not refinance it. I was told by the mortgage company he can call them and try to qualify to assume the loan on his own.

If for some reason he can not qualify and assume the loan to have me removed from the title and loan what are my options?

Can I have my attorney file something to force him to sell the property so I am not on the title and loan?

I just want my name off the title and loan so I can not be held financially responsible any longer.

Thank you in advance.

[nextwife]

Originally Posted by GinGus

What is the name of your state? CA

My divorce was final 09/07. In the final decree my husband got the house. We had a first and second mortgage. I was on the first mortgage but not on the second.

I filed a "Quit Claim Deed" for the property.

My name is still on the title and the first mortgage and I would like it removed. I do not want to be responsible if something happens to my ex or if he can't make the payments.

With the way the market is currently he is upside down in the value of the property so he can not refinance it. I was told by the mortgage company he can call them and try to qualify to assume the loan on his own.

If for some reason he can not qualify and assume the loan to have me removed from the title and loan what are my options?

Can I have my attorney file something to force him to sell the property so I am not on the title and loan?

I just want my name off the title and loan so I can not be held financially responsible any longer.

Thank you in advance.

If he's upside down, HOW can he sell the home? Unless he is able and willing to make up the deficiency - or you are. You should have addressed the mortgage as part of the property settlement.