Quick claim dilemma! My friend is divocrced but still financially responsible for a house loan.help?
My friend is having trouble with her ex husband because he is making payments late on their house loan and they are coming after her for payment. She had signed a quick claim ( I think that is what it’s called) but now has no right to the house. It is affecting her credit score and report. Is there any legal way she can get herself removed from the loan since she hasn’t lived there for years but is still financially responsible?
He has to refinance. If he does not she can go back to Family Court and get a court order forcing him to refiance or sell.
It was very foolish of her to give him a quit claim while she was still on the mortgage. If the divorce stipulated he was to refinance and put the house in his name only, she can go back to court to get that enforced. But otherwise, she is out of luck and stuck with all those late payments.
honestly, it depends on the divorce, usually one party is granted the residence during a divorce. With her quit claiming the property to him, he was either granted the property or he bought her out. I’ve seen some divorce decrees mandate a certain time frame in which one party must refinance, but if she’s already signed off on the deed and given it to him and there is nothing in the final divorce paperwork stating when he must refinance, I believe she is out of luck and should seek legal counsel immediately
She cannot be removed from the loan unless the ex-husband refinances the entire mortgage in his name only. It is NEVER wise to sign a quitclaim deed without refinance at the very same moment. Signing a quitclaim deed merely gave all your friend’s ownership interest in the home to her ex-spouse, but did nothing to relieve her of financial responsibility for the payments.