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mortgage liability

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my wife of 6 months and i live in calif. and just bought a home. we ran our credit reports and found a listing on hers regarding a mortgage she was unaware of relating to her exhusband. she has quit claimed the property but remains on this loan. she doesn't recall signing the loan papers but the paperwork that we have while incomplete indicates that she did prior to the divorce and quit claim. her ex married the broker and it would appear that she has been duped. without title is there any recourse or ability to have her removed from the loan?


Senior Member
My response:

As you and she have discovered, a Quit Claim Deed does nothing to extinguish the obligation one has to the terms and conditions of a mortgage contract.

Now, she needs to file a lawsuit against her ex-husband for "Partition" and damages.

Good luck, and see a Real Estate Law attorney immediately.


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