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.
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
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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
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!
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