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case law on having to refinance after divorce?

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In Pro Per

Guest
My x wants me to refinance the home. The loan is in both names. If he signs a quick claim deed. Doesn't that protect him from credit and foreclosure issues. Doesn't that fall under Deficiencey Judgements. Isn't there a law that would protect him without me having to refinance the home at a higher interest and costing a lot of money. Thanks!
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by In Pro Per:
My x wants me to refinance the home. The loan is in both names. If he signs a quick claim deed. Doesn't that protect him from credit and foreclosure issues. Doesn't that fall under Deficiencey Judgements. Isn't there a law that would protect him without me having to refinance the home at a higher interest and costing a lot of money. Thanks!<HR></BLOCKQUOTE>

What are the instructions and directives in the divorce decree?
A Quit Claim Deed does not whatsoever protect him from creditor and foreclosure issues. Until his name is taken off the mortgage (by you refinancing and taking him off) he continues to remain liable. The divorce action does not change his liability as a mortgagor.

If you were granted the property in the divorce, you should refinance and get the title and loan in your name only.
 

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