Omaha, NE asked in Real Estate Law for Nebraska

Q: My ex husband refinanced a loan and took my name off of it & off of title. How do I get my name off of deed of trust?

Loan refinanced. Quit claim deed filed and my name off of property. Now it is foreclosing, and creditor's attorney is stating my name needs to be off of deed of trust. It's off of the note and title, but he said that's not enough. Please help.

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1 Lawyer Answer
Charles Snyderman
Charles Snyderman
  • Wilmington, DE

A: This doesn't make sense. If your ex really refinanced, the deed of trust with your name on it would have been paid in full and the mortgage would have been satisfied. In addition, on a foreclosure, the lender usually goes after the property, and you would not have any liability. The deed of trust creates a lien on the property. It does not obligate you to pay. Only the note obligates you to pay back a loan.

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