How to get myself taken off of mortgage

Anonymous · ‎06-21-2015

I have been divorced for 2 years and am still on my ex's mortgage. At the time of divorce I signed a quit claim, and later signed a "hold harmless", but because my ex has been unable to refinance I am still on his mortgage. His current plan is to "restructure" the mortgage, which I admit to not really understanding, but he has stopped communicating with me about what the status of that is so I'm not confident he's making an effort. Is there any legal action I can take to have myself released from the mortgage? He has made several late payments and it is damging my credit score and making it impossible for me to qualify to buy my own place. I am in Michigan. Thanks for any advice you can give!

sports1965 · ‎06-21-2015

i think the only was to get your name out of the mortgage is to refinance or sell it

StartingOver10 · ‎06-21-2015

@sports1965 wrote:
i think the only was to get your name out of the mortgage is to refinance or sell it

^^^Exactly right.

Anonymous · ‎06-21-2015

You need to hire an attorney and go back to court ASAP. Have him served to go back and get this amended quick. Can you afford the home yourself? Things that your attorney will want to know. You should have had a timeline of what needed to hapen, etc...and if it didn't thenn a second plan goes into place to protect you, and all parties. For example if he was not able to get the home refinanced under his name or sold, then you would try to get the home under your name. The best plan is to have the home sold and part ways.

compassion101 · ‎06-22-2015

Did you have an attorney for the divorce? If so, he or she didn't do a good job imo if they didn't see this coming as a possibility and taken precautions. Like plan a he refinances, plan b he sells the home, plac c you take over the payments and the home and pay him x amount for the equity etc.

As it stands right now it sounds like if he doesn't pay the mortgage, you are going to have to pay it. Or eventually have a foreclosure and have the bank come after you for their loss. I'd be beating down your divorce attorney's door. If you didn't have one I'd find an attorney quickly, maybe someone (or firm) with a background including bank, real estate, and divorce.

Anonymous · ‎06-22-2015

Does the divorce decree have a stipulation that your ex refinance in a certain period of time? If not, your only recourse is to take him back to court and get the decree modified to state he has X period of time to refinance or sell the home. If the decree does have a time period he must refinance and he did not do it, you can sue him for damages, contempt, etc.

Either way, the court does not have jurisdiction over the mortgage company and until that property is sold or refinanced you will remain on the hook for the mortgage payments right along with him; the mortgage company has no interest in what the court has to say about the matter. As far as they are concerned you are equally liable for the mortgage payments and they will report each and every late, or even a foreclosure, directly to your credit report and his.

Also, by signing the quit claim you gave up all ownership rights to the property, while at the same time you continue to be responsible for the mortgage. I, personally, would not have agreed to that and would not have signed a quit claim because in doing so you gave up your right to take possession of the home if he stops paying and/or goes into foreclosure.

One option is to contact the mortgage company and inquire about having the mortgage re-assigned solely to him. The process is a little different than a full-on refinance and this may be the "restructuring" your ex is talking about. If your ex won't provide the info to you, the mortgage company will.

I think you need to revisit your divorce lawyer. Or a different one. I don't think the first one steered you properly.

Anonymous · ‎06-22-2015

I, unwisely and unfortunately, did NOT have an attorney in the divorce. We were parting on amicable terms and I took his word that he would refinance the mortgage. It sounds like I need a lawyer now and will start searching for one. If anyone happens to know someone good in the Detroit area (long shot, I know), I'd love their name! Thanks for all of the advice, folks

Anonymous · ‎06-22-2015

@Anonymous wrote:
I, unwisely and unfortunately, did NOT have an attorney in the divorce. We were parting on amicable terms and I took his word that he would refinance the mortgage. It sounds like I need a lawyer now and will start searching for one. If anyone happens to know someone good in the Detroit area (long shot, I know), I'd love their name! Thanks for all of the advice, folks

I would still have a look at the divorce decree. Part of a divorce is a statement of assets, debts, real estate, custody and child support (if applicable), who is responsible for what, etc. Even if you did not have a lawyer, the settlement agreement has to spell these things out or the judge will not sign off on it. Have a lawyer review your decree and explain to you what your exact position is. If the terms of the mortgage/property division are not explicitly spelled out, you can file for a modification of your decree. If it is spelled out and the ex is not complying, you can file for enforcement of the decree.

Either way, I would contact the mortgage company and find out the process for having the mortgage re-assigned in ex's name only.

StartingOver10 · ‎06-23-2015

I would be very surprised if the lender/servicer re-assigned the mortgage into your ex's name only. Mortgage co's just don't do that - they want multiple sources to go after if the mortgage payor defaults in his/her payments.

Agree with Marlena in the other aspects. Giving up the asset (the deed) and retaining the liability (the mortgage) was not your best course of action, but sometimes we do what we need to do. Have an attorney review your PSA to see if you have the ability to go in a 'fix things' now.

Most likely course of action, get back on the deed and have your ex sell the property to stop the late payments. With late payments (if any) it will be difficult to impossible for your ex to refi.

Anonymous · ‎06-23-2015

@StartingOver10 wrote:
I would be very surprised if the lender/servicer re-assigned the mortgage into your ex's name only. Mortgage co's just don't do that - they want multiple sources to go after if the mortgage payor defaults in his/her payments.

Agree with Marlena in the other aspects. Giving up the asset (the deed) and retaining the liability (the mortgage) was not your best course of action, but sometimes we do what we need to do. Have an attorney review your PSA to see if you have the ability to go in a 'fix things' now.

Most likely course of action, get back on the deed and have your ex sell the property to stop the late payments. With late payments (if any) it will be difficult to impossible for your ex to refi.

That is the problem, in this case. The ex HAS made several late payments, so I don't see a full-on refinance in his near future; that's why I suggested trying to pursue a re-assignment of the mortgage solely into his name. I have seen cases where this was done after divorce (I was a family law paralegal/guardian ad litem in a previous life), but I agree with you that mortgage co's are generally reluctant to do it. One can but try!

Personally, I would take the ex back to court and force the sale of the home. But that's me. I'd also GW the heck out of the mortgage company with any court documentation I have to try to get the lates removed from my report. The odds are not good that the mortgage co will do it, but again, one can but try!

I'm like a dog with a bone when it comes to stuff like this and will literally call whomever daily (bank, mortgage company, lawyer, ex) until they get so sick and tired of me they cave in and do something just to get rid of me. LOL!