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

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 loan 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.

GinGus said:

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 loan and I would like it removed.

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What EXACTLY does the divorce order say as to the mortgage?? Does it require him to remove your name from the mortgage??? If so, is there a time limit for him to do so??
Unless the divorce order specifies BOTH of the above, there is NO obligation for him to remove you from the mortgage.

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?

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You can hold your breath.

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

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First, when filed with the county clerk, the quit claim removes you from the title (deed). You have NO rights of ownership to the property.
However, there is no requirement for the mortgage company to remove you from the obligation to pay.
If the divorce order does not include a time requirement for removal of your mortgage obligation (by sale or refinance), your attorney screwed up. It MIGHT be possible that he/she can try to get the court to amend the order, but it is not simple, nor by default.

Your attorney should not have worked out an arrangement where you were to quit claim the property until/unless he could refinance and remove the debt obligation from you. Now you have the debt obligation and no right to the property (as soon as the records catch up that you aren't a legal owner). Would have been better to have retained rights under his default because the reality is that you are retaining financial responsibility as long as your name is on the mortgage. There is nothing you can do but hold your breath as has been suggested, hope he doesn't default, and that he refinances at some point, though there is no incentive for him to do that. You, OTOH, may not be able to get a mortgage for your own home as long as you have that mortgage in your name. It's just a very bad arrangement.

Usually there is a period of time to go back and correct typographical type of mistakes, but you are likely outside of that period of time (and this was also likely not a "typographical" mistake). I don't think you have any leg to stand on to go back into court to put some of these protections around things, but you may want to try to see what you can do about this, if anything.