Cumming, GA asked in Real Estate Law and Landlord - Tenant for Florida

Q: I am in Florida. If I file a Quitclaim Deed, will my name be taken off the mortgage?

I bought a house with my boyfriend and we got married the next year. Now we are separating. Our loan is behind about 3 years of payments. We filed bankruptcy a couple of years ago and we are no longer liable for the debt. The bankruptcy lawyer told us that the bank would want to foreclose on the house as soon as bankruptcy was processed. So I moved out, my husband stayed in the house. He is now asking me to do a QuitClaim Deed so that he can file a loan modification with the bank. He said that this way my name would be taken off of the mortgage and the title. I don't think that the loan modification will get approved and the house will be foreclosed. So I really don't want my name on this. However, while researching a QuitClaim I found that my name would NOT be removed from the mortgage. Can someone please clarify if my name will be taken off the mortgage?

1 Lawyer Answer
Stephen K. Hachey
Stephen K. Hachey
  • Landlord Tenant Lawyer
  • Tampa, FL
  • Licensed in Florida

A: No, a quit claim deed does not remove your name from the mortgage.

Rand Scott Lieber and Bruce Alexander Minnick agree with this answer

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