Stratford, CT asked in Foreclosure, Real Estate Law and Small Claims for New York

Q: Ex-partner and myself is on mortgage; how do I go about removing my name?

We separated two years ago, and part of our agreement was for me to move out, and she'll retain the home, as long as she can maintain the monthly payments. At the time of agreement, I didn't have the resources to do things the RIGHT way and wanted the path of least resistance to just take my loss and start over, alone. The plan was for her to find "someone" who she can refinance with eventually, that way I'm no longer tied to the situation.

That said: I'm in a predicament now where the bank collection dept. has contacted me about a 60 delinquent account [last payment was 2/3/2020]. I've reached out to my ex twice via email, to no avail.

I need to know the next best course of action, legally.

3 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Foreclosure Defense Lawyer
  • New York, NY
  • Licensed in New York

A: What you have not confirmed is whether you are on title as well as the loan. If on title, bring a partition action to sell the property by court order, and in turn, pay off the loan. That may also force her to refinance. If there is no equity in the property, there is little you can do, but let the property be sold. You are likely to never have to pay anything, but you will take the hit to your credit score.

Jonathan David Warner agrees with this answer

1 user found this answer helpful

Elaine Shay
Elaine Shay
PREMIUM
Answered
  • Foreclosure Defense Lawyer
  • New York, NY
  • Licensed in New York

A: Generally, a lender will have no reason to remove you from the obligations of a mortgage until the loan is fully satisfied as a result of a sale or refinance.

Jonathan David Warner agrees with this answer

Jonathan David Warner
Jonathan David Warner
Answered
  • Foreclosure Defense Lawyer
  • Albany, NY
  • Licensed in New York

A: If your ex-partner is financially capable of a refinance, this would be the best way to get your name off the mortgage. Otherwise, the only other way to accomplish this would be for your ex-partner to obtain a mortgage assumption by way of a loan modification - this is probably something you'd have to do together.

If any of this sounds like something you will be uncomfortable collectively doing on your own, it may be in your best interest to consult with an attorney in regard to this matter.

Good luck with your case!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.