quick claim deed

[Missgoeslow]

What is the name of your state? Washington state
My son, after a very long lengthy divorce ended up getting the house out of the divorce. The divorce was over in 2005, as of yet, he has not received a quick claim deed from his ex wifes attorney, so he can take his exs name off of the mortage. His ex wife's attorney said it is normal for an attorney to keep the signed quick claim deed in her office, this doesn't sound right. Where do you go from here? Any advice would be welcomed.
Thank you.

 

[justalayman]

What is the name of your state? Washington state
My son, after a very long lengthy divorce ended up getting the house out of the divorce. The divorce was over in 2005, as of yet, he has not received a quick claim deed from his ex wifes attorney, so he can take his exs name off of the mortage. His ex wife's attorney said it is normal for an attorney to keep the signed quick claim deed in her office, this doesn't sound right. Where do you go from here? Any advice would be welcomed.
Thank you.

The quit claim deed will not take anybody off the mortgage. The home needs to be refinanced to do this with only your son as borrower. When that transaction takes place is when the quit claim deed will come into play. If I was the gal, I would not quit claim anything until my name is taken off the mortgage, all in one nice transaction.

What a quit claim does is release a persons interest in a property, it has nothing to do with the mortgage release.

It sounds like her attorney has his head on straight.

 

[BelizeBreeze]

What is the name of your state? Washington state
My son, after a very long lengthy divorce ended up getting the house out of the divorce. The divorce was over in 2005, as of yet, he has not received a quick claim deed from his ex wifes attorney, so he can take his exs name off of the mortage. His ex wife's attorney said it is normal for an attorney to keep the signed quick claim deed in her office, this doesn't sound right. Where do you go from here? Any advice would be welcomed.
Thank you.

Tell your son to write the attorney a very nice demand letter stipulating that if the deed is not in his possession within 5 days from receipt of the letter, he will file a show cause for contempt against the ex AND the attorney.

 

[justalayman]

Tell your son to write the attorney a very nice demand letter stipulating that if the deed is not in his possession within 5 days from receipt of the letter, he will file a show cause for contempt against the ex AND the attorney.

BB, I bow to your knowledge but why and how could one justify signing off on a quit claim without a release of mortgage? It obviously leaves the gal liable for the mortgage with no interest in the property. The guy can default and end up killing the gals credit with what recourse available? Say it isn't so. There has to be some protection for her.

And do you think it is possible that is why the QC is still in the gals attorney's office? They could be waiting for the rest of the deal the judge ordered to lay out, yes?

 

[Ohiogal]

BB, I bow to your knowledge but why and how could one justify signing off on a quit claim without a release of mortgage? It obviously leaves the gal liable for the mortgage with no interest in the property. The guy can default and end up killing the gals credit with what recourse available? Say it isn't so. There has to be some protection for her.

And do you think it is possible that is why the QC is still in the gals attorney's office? They could be waiting for the rest of the deal the judge ordered to lay out, yes?

Actually I agree with you justalayman. Son needs to refinance and when he refinances in his name he receives the quit claim deed from the attorney. The only way Son can force this is if the judge ordered the girl to quit claim the property immediately or within a certain amount of time and didn't place the same stipulation on the guy to refinance. Then she could be in contempt. And yes I have seen judges do that. So OP what does the divorce decree state about refinancing the house and quit claim?

 

[Missgoeslow]

Quick Claim Deed

The bank said since he was rewarded it in the divorce decree it would take her name off the mortage if she quick claims her part to my son. There is no way to refinance the home since it is a older moble home that has been added on to. Believe me he has tried to get it refinanced but because it older than 10 years old and isn't sitting on a foundation there is no way to refinance.
Thanks

 

[nextwife]

The bank said since he was rewarded it in the divorce decree it would take her name off the mortage if she quick claims her part to my son. There is no way to refinance the home since it is a older moble home that has been added on to. Believe me he has tried to get it refinanced but because it older than 10 years old and isn't sitting on a foundation there is no way to refinance.
Thanks

A quit claim DOES NOT release the borrowers liability. It is highly irresponsible (and plain stupid ) for one to quit claim their interest in RE while there remains an open mortgage with their name on it. It blows me away that so many attorneys (and judges) allow people who have no CLUE that their credit score (thus future borrowing power) will remain adversely affected for the duration of the loan, by the existance of an open mortgage, much less a default, to go around signing off their ownership while the lender still can hold them liable for the loan they agreed to be responsible when it was executed.

If the bank says they will remove her name from the mortgage if she quit claims, then they can arrange with a title company to exchange a partial release of the mortgage for a quit claim. I think someone doesn't know what they are talking about.

 

[BelizeBreeze]

BB, I bow to your knowledge but why and how could one justify signing off on a quit claim without a release of mortgage? It obviously leaves the gal liable for the mortgage with no interest in the property. The guy can default and end up killing the gals credit with what recourse available? Say it isn't so. There has to be some protection for her.
?

It happens all the time. And absent any further facts to the contrary, no mention was made of the requirement to refinance. I do not assume what is not there.

So, based ONLY on the facts present, my advice stands.

 

[LdiJ]

It happens all the time. And absent any further facts to the contrary, no mention was made of the requirement to refinance. I do not assume what is not there.

So, based ONLY on the facts present, my advice stands.

I think that based on the fact that she states that her son has tried to refinance, that a refinance probably was also required. Therefore, it could easily be premature to take this to court on a contempt basis.

In my opinion her son needs to prove to ex and ex's attorney that producing the quit claim deed will indeed remove her from the mortgage. Correspondence from the bank might be useful in the regard. If he can demonstrate that producing the deed will indeed remove her from the mortgage and she still refuses to produce the deed....THEN might be a better time to file for contempt.

I wouldn't sign/produce a quit claim deed, even if ordered to do so, until I was certain that I was no longer responsible for the mortgage. In my opinion that is one area where its more dangerous to obey the orders than risk the contempt.

 

[Missgoeslow]

foreclosure

I don't understand, if her name is no longer on the mortgage how can the bank hold the ex respondsible for anything?
Thank you

 

[nextwife]

I don't understand, if her name is no longer on the mortgage how can the bank hold the ex respondsible for anything?
Thank you

Explain how a quit claim deed removes her from an open mortgage? A deed ONLY removes one's ownership interest. They both signed a mortgage that stated they each were assuming responsibility to be certain the mortgage was paid. THat mortgage , until the lender releases it, or seperately creates a release of her responsibility, is of record and is valid. A quit cliam is ONLY between the grantee and grantor, and the lender is not releasing anything in that document.

Her name IS still on the mortgage!

it would only be removed from title, not the mortgage, when a quit claim is done.

 

[Missgoeslow]

Thank you, I understand some what better now.

 

[Missgoeslow]

Ok, we called the bank, which is Bank of America, they said that they would send my son some papers to fill out, which he will need to fill out and then return the papers along with the divorce decree showing that he received the house in the divorce, and then they will remove the exs name and then he will have to get the quit claim deed and record that with the county. Thank you for your time.