My wife and I got divorced over a year ago. I signed a quit claim deed but never had her refinance. she has been paying on her own for 12 months. I would now like to be removed from the mortgage. My wife has no problems with removing me, if the lender allows my name to be removed from mortgage (unlikely)
1. Will the lender remove me?
This is by far the most common problem I run into in my business when consulting with recently divorced individuals.
No disrespect intended to divorce attorneys, but they don't know the first thing about the consequences that divorce have on credit
What you have learned the hard way is that signing a quick claim deed or having a court order absolving you of future liability on your mortgage has no merit with your current lender.
Based upon the limited info you have provided, I believe there are only two ways to get your name off the deed:
- Sell the property.
- Have your ex refinance and remove your name from the deed.
No, you can't make your ex-wife do anything and this is the brick wall that most in your circumstance run into---the ex doesn't have enough income to qualify for refinance in his/her name.
If this is the case, your request to be released from the deed will surely be ignored by the current lender.
National FHA Mortgage Broker