Does a quitclaim deed remove my responsibility for the mortgage?

Does a quitclaim deed remove my responsibility for the mortgage?

Question: Dear, My husband and I both owned two separate homes, and during the divorce, we decided that he would take over the property so we used a quitclaim deed to get my name removed from the home. However, just recently my ex begun to fall behind on his obligations and now the mortgage lenders are pursuing me as well.

My question to you is, "does a quitclaim deed remove my responsibility for the mortgage?"

Answer: Unfortunately, this is a very common mistake that people make while going through a divorce and deciding what to do with the home. As you have now come to find out, a quitclaim deed does not remove yourself from the responsibility of the mortgage, it only applies to the title of the home.

You may want to consult with the attorney who handled the divorce to see when the deed was executed whether or not the loan remained in both of yours names. From what you mentioned above, it sounds like the loan documents are still in both of your names.

This is most likely the reason why you have now been pursued by the lender because your ex cannot manage the payments. Regardless of how the home was divided in your divorce decree, you as well as your husband are still financially responsible for any deb that is till jointly held. However, before trying to repay the debt, it would be wise to go over and review settlement agreement to see if the attorney added a clause that will protect you from repaying the loan. If there was this clause included in the settlement and your spouse failed to pay the payments, you have the right to pursue legal action against your ex.

If the mortgage is still in both of your names then your only option to get your name removed from the mortgage would be to either sell the home, refinance the mortgage into his name only, or possibly go through a loan assumption. These are the most effective ways to ensure you no longer have any liability to repay the debt.

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My name is Maurice "Moe" Bedard. I am the founder of America's #1 Mortgage Forum, My online work has been featured in the New York Times, LA Times, Fox Business, and many other media publications. I currently live in Carlsbad, California with my beautiful wife and children.
  • Brenda McGinnis

    I am working for a Loan Modification and only thing holding it up is Quick Claim Deed from Exfiance. Both of our names are on debt and deed. Loan Mod will not move forward to give me the loan until ex submits this Quick Claim Deed and it has been done but Exfiance lawyer is holding it until closing. This has kept me from getting the loan now and house is in foreclosure…4 months behind. It looks like to me my ex would want to get out from under this as the alternative is to lose the house and we both end up with nothing but debt. Can you give me any insite on this and what his benefits would be to go on and give me the quick claim deed?

    Thank you, Brenda

  • Leighann Smith

    My fiancee and I would like to buy a house of our own. The problem is his ex has their home and he is still on the mortgage. She has no job, therefore, no way to refinance in her own name. Can he get a realtor to put the house on the market w/o her? She had, per divorce papers, til August 17th, 2011 to get a mortgage.

  • Chet Haines

    Please advise if I can record an affidavit in the real estate records to warn potential buyers at a foreclosure sale in a non judicial state that the loan servicer has not provided legal evidence that it is legally authorized to foreclose. It is a securitized loan and no copy of the note showing an endorsement or any copy of a legal document showing that any document exists despite QWR requests.