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Name still on Mortgage but not deed

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MinaFreed

Guest
Massachusetts - my ex-husband never took my name off the mortgage loan after we divorced, but I signed a quitclaim deed the day of the divorce. He passed away recently. The mortgage company never received a copy of the quitclaim deed, but has the original title of ownership deed with both our names on it when we originally financed the mortgage. Mortgage company says I can assume the mortgage and I am still the rightful owner of the house. My ex's family says not true..they have put the house into probate, and are refusing my offer to assume the mortgage and transfer the deed back to me. There is no equity on the property since the house is heavily mortgaged, and I just want the house back. Our original will was never changed either, and still lists me as inheritor to the estate..but I am told my part in the will is now invalid because I am divorced. The mortgage company says they can force the house out of probate, foreclose on it and then transfer the deed over to me so that I can make mortgage payments on the house. They tell me I am allowed to enter the home and property right now. I do have an attorney but he is out of town at the moment.
My question is...as long as my name is still on the mortgage, and the mortgage company has no quitclaim in their possession (just the original deed that my ex and I signed) am I the owner of the home, and can I enter it without getting hassled by my ex's family? thanks for any insight.
 


HomeGuru

Senior Member
No and no because you have lost sight of the divorce and decree and the fact that you did sign your rights away.
 
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MinaFreed

Guest
Thanks for replying...I had an idea the answer might be no, but wanted to ask anyway. My ex and I were very close freinds after our divorce, and what he should have done was revise the Will or have his attorney draw up a document stating his last wishes...which was for me to take over the house. Thanks again for your answer :)
 
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ceciliamichelle

Guest
Minafreed-I don't know much about Massachusetts. But in MN the only way that your name can come off a mortgage is if the other applicant refiances the home and has it placed in they're name only. I to am in the same bleep of a mess. Except mine is still alive. And he can't get refianced because his credit -----! And his family thinks that I should have no interest in the property they have another big problem on their hands. I always wanted to use it as a FISH HOUSE!!

GOOD LUCK!
 
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MinaFreed

Guest
Hi Cecili.....I wish you luck on what you're going through too! It can be a very stressful situation, I know that. From what my mortgage company told me, they are going to most likely foreclose on my ex's house and then sign the title over to me, since I'm still on the mortgage. I'm going to be given a refinancing at a lower payment, which is what I want, and I can assume the mortgage. They also offered to accompany me to the house with a bank representative just in case my ex's family tries to prevent me from entering the home. They don't want the house anyway..the family is just being spiteful. there's no equity in it, it was appraised at a very low market value, lower than the existing loan, so the best thing I can do is assume the mortgage and have the title transferred back to me when the mortgage company forecloses.
 
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ceciliamichelle

Guest
MinaFreed-If I were you (and someday it will be my turn) I go down to the Court House and file for a restraining order against his family. So they will no longer be able to converse with you about anything. Just for you own protection. :)
 

wtd

Member
I don't know how the quitclaim deed would affect this situation, but as to it's validity -
I'd you haven't already done so, do a records check at the county recorder's office in the county where the house is located to see whether or not the quitclaim deed was recorded. If it is recorded, it doesn't matter whether anyone received a copy or not, it's a valid document. One need only request a certified copy from the recorder to have a document that is equal to the original.
If the document were unrecorded, one would need the original or a duplicate to enforce it.

wtd
 
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