Quit Claime Deed?

I got divorced in the year 2000. My ex husband got our house in the divorce. My attorney stated he filed a quit claim deed. Now, 8 years later my name (financing wise) is still on the house and my ex will NOT refinance and get me off. There is no record of the Quit Claim being filed at the courthouse. There is a change of title putting the title to the home in his name. He is late on payments and the bank keeps calling me even though I have not lived there in 8 years. He also took out a SECOND mortgage on the house that I did not sign for. If there is no quit claim but there is a change of title was that legal? How can I get this house out of my name? Its killing my debt ratio!

This should have been better explained to you by your lawyer,

While the divorcee decree my require the ex to refinance the house and remove you from the note, the family law judge has no authority to force the loan company to remove you from the note.

Unfortunately what seems to have happen is no one in the past eight years bother to check to see if the ex had refinance, which during the height of the real estate boom would have been very easy for him to do, instead it seems he used the increase equity to secure a second note versus refinance

Fast forward to today, you are still on the first note, the property now has a second note, most likely the combined value of the notes is greater then the value of the property making it impossible at this point to refinance

You have a serious issue, you should seek legal advice for you may have a claim against your ex, but at the same time you are still legally on the hook for the first note no matter what your divorce decree may say

A quit claim deed releases any interest the signer has in a property to another party. It does NOTHING concerning a note (mortgage loan). Property title and loan note are two different things. Consult an attorney.

There IS a record of the quit claim deed - you said yourself that the house is titled in your ex's name only. And your attorney was a moron. You should have never given your husband the deed without insuring that he would refinance the mortgage into his name only.

You will need to go back to court and force the sale or refinance of the home, but I am afraid that your credit will not be cleared up. You are late on a mortgage that you took out.

A quit claim is flimsy way to convey title, your attorney probably filed something that conveyed title to your husband in a more reliable manner.

This same attorney should have advised you that the refinance to get the mortgage out of your name needed to be part of the settlement. Maybe your ex couldn't refi without your income. Hopefully there is some sort of decree in your divorce that states that you are no longer responsible for the debts incurred together, or how the finances were to be handled. Look through your divorce paperwork. (That'll be a pleasant drive down memory lane)

Advise the lender that you have documentation that you are not responsible for this debt, and that you are no longer on title for the house. Then ask what you need to do now.

Transferring title doesn't release you from the mortgage obligation. That should have been explained to you at the time of the divorce.

Title can not change vesting on the home without a Grant Deed or Quit Claim. It has to be there somewhere or someone made a big mistake.
If the 1st loan on the house was taken out when you were still married and he never refinanced to remove you from the loan then it will not matter how long you have not live in the house.
A mortgage note and title are not the same. If you signed on the original mortgage Note then you are obligated to that loan regardless or martial status or occupancy.

hi

unfortunately you are screwed sorry to say it that bluntly but you are. In your divorce you basically gave your husband legal right to the property meaning if he sells it he gets all the money from equity if any is left, BUT since your attorney did not have it stated your husband refinance the house and obvioulsy he did not your name is still on the mortgage note which means you are still leagally responsible for payment of that note, if your ex is late your late, your credit is getting ruined and if you own money or have a house they can put liens on you. The second mortgage should not be on you only him, but if it is on you, someone may have forged your name in that case you can sue your ex for fraud maybe. You need to get off of yahoo answers and call an attorney now

If you signed the house over then you can't force a sale and yet you still owe on the primary mortgage, though not the second one.

It's not just killing your debt ratio, you actually owe the money.

If your lawyer let you sign it over without getting your name off the mortgage you may have an action against him. When your "ex husband got our house in the divorce" the judge should also have required a new mortgage, but your lawyer didn't request it.

As you've read, when the attorney filed the quit claim deed, you signed a document testifying that you claimed you had no interest in the property. Unless the home was ordered "sold" by the divorce decree your former husband was not required to do anything that would have ended the then existing finance contract.

As a result, you are financially responsible for a debt for which you now have no collateral. The bank is within their rights to contact you regarding the late payments.

If there is no record of the quit claim deed then your former husband could not legally change the deed to his name alone. What could happen though, is that he has taken the quit claim and used that as your authorization to retitle the deed. After all, that's what a quit claim says to do.

In the same light your former husband could not obligate you to a second mortgage without your signature. What has most likely happened is the the title change was required to obtain a second mortgage.

The best thing that could happen in this instance is that your ex forged your signature on the second mortgage and the title deed. That is fraud. It has no statute of limitations and creates an easy course for you to follow to unravel the mess.

You need an attorney to fully investigate what your original attorney did and did not do. You also need this person to initiate the action required to free you of the financial obligation on the home you do not own.

Read your divorce papers. How was your ex supposed to 'receive' the house. If it was via a 'sale' which did not occur, you have an action for contempt.

You need to call your former divorce attorney b/c he poorly misrepresented your interests.

EVERY divorce decree where there is property needs to have a provision of how long the other spouse has to refinance (it's usually between three and five years from the ones that I have reviewed).

Your name is legally on the hook and your credit is being ruined every day he isn't paying...b/c the divorce decree evidently didn't require him to refinance to get your name off of it...and a quit-claim doesn't do the job.

Call the attorney and you SHOULD NOT pay him anything...it's his fault.