Q: I need to have my name removed from a mortgage My name is not on the deed but it is on the mortgage. Is this Possible?
I have not lived in the home for 11 years. About 5 years my ex was having issues paying the home. The mortgage company refinanced it through the making homes afordable program. Part of the qualification for that is I couldn't live in the house.They told me to have a qc deed filed to remove my name from deed. Since then my son moved out of her home and moved in with me. I am at a point now where I need a bigger home and don't know how to proceed to get my name off of the previous mortgage. I called an attorney but he wants 350 for a consult and I am not even sure he can help me. Is this possible?
I did sign the refinance.
A: When you sign a quit claim deed, it does not remove your name from the mortgage.
A: What problem do you have with being on the mortgage? If it's just a matter of qualifying for financing another home purchase, showing the filed quitclaim deed to the new lender should be sufficient. You may be on the mortgage, but if you didn't sign the refi mortgage note you are not liable. You might be named in the foreclosure complaint, if the original mortgagee forecloses, but that would just be in case you were to claim an interest in the property; you can't be adjudged liable.
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