property deed

What is the name of your state? florida
I owned a home with my ex-fiance for 12 years. i am moving out and he is staying and the mortgage company had refused to remove my name even tho i file chapter 13. can i file a quitclaim deed to at least protect myself from anything that might happen to/ on that property in the future? is there anything i can do about getting my name off the mortgage? thanks tildy1

[I AM ALWAYS LIABLE]

Originally posted by tildy1
What is the name of your state? florida
I owned a home with my ex-fiance for 12 years. i am moving out and he is staying and the mortgage company had refused to remove my name even tho i file chapter 13. can i file a quitclaim deed to at least protect myself from anything that might happen to/ on that property in the future? is there anything i can do about getting my name off the mortgage? thanks tildy1

My response:

A "quitclaim" deed has nothing to do with the fact that your signature appears on the mortgage loan contract. The only thing you can do, if your ex-fiance does not voluntarily refinance the loan, is to sue him for "partition." Then, by doing that, the court will either order the home to be refinanced by you or him, or sold.

IAAL

Originally posted by I AM ALWAYS LIABLE



My response:

A "quitclaim" deed has nothing to do with the fact that your signature appears on the mortgage loan contract. The only thing you can do, if your ex-fiance does not voluntarily refinance the loan, is to sue him for "partition." Then, by doing that, the court will either order the home to be refinanced by you or him, or sold.

IAAL

I understand about the mortgage... But is there anything that I can do to where i will not be liable if something happens on this property.. so I can't be sued or held responsible...This what I was asking about the quitclaim.

[HomeGuru]

[quote]Originally posted by tildy1
[b]
I understand about the mortgage...

**A: no you don't understand for if you really did, you would not have posted again.
*************


But is there anything that I can do to where i will not be liable if something happens on this property.. so I can't be sued or held responsible...This what I was asking about the quitclaim.

**A: good grief. Did you not read the response to you from IAAL? Sorry, we can't tidy up tha response any better.

[evileyes]

I believe she is asking how can she be not held responsible if(with name on property)someone fell down broke an arm or leg and sued the land owners ? If she can't get her name off the property and ex don't have proper insurance . would signing a quit claim clear her of this problem until she can get the mortgage part changed????

[HomeGuru]

[quote]Originally posted by evileyes
[b]I believe she is asking how can she be not held responsible if(with name on property)someone fell down broke an arm or leg and sued the land owners ? If she can't get her name off the property and ex don't have proper insurance . would signing a quit claim clear her of this problem until she can get the mortgage part changed????

**A: no, because she is on the mortgage and the lender requires hazard insurance to be in effect on the mortgaged property. If she quit claims her interest in the property, she can no longer get insurance because she will not be a legal owner and without insurance she will in default of her mortgage. So the issue, as you can see, is not a simple matter to resolve. And using your questioned method would be greatly precarious.