How do I get my name off a deed? - Defense Law Questions and Answers- LawQA.com

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How do I get my name off a deed?

My ex-husband retained possession of our marital home after our divorce. Since then he remarried, divorced and has filed bankruptcy and the home is being foreclosed on. I just found out my name is still on the deed, but not the loan. I was served with papers from the county for the bank against me, my ex and his ex. What are my rights? How do I get my name off the deed? What else do I need to do?

Answer By Dennis P. Mikko

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You could sign a quit claim deed quit claiming any interest you have in the property to your ex-husband. However, you signing off on the property will not affect the rights of a creditor if you signed the loan. In otherwords, if you signed the note and mortgage, you could still be liable even if you have no interest in the property. On the other hand, if you have no interest in the property and did not sign the note and mortgage, once you release your interest in the property you should be dropped from the suit.

Answer Applies to: Michigan
Replied: 9/4/2012

Answer By Sally Hamblin

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Your ex should have had a quit claim done after the settlement indicating on the deed transfer was done per settlement. His attorney should have done that, if represented. I would contact an attorney to help you.

Answer Applies to: Michigan
Replied: 9/2/2012

Answer By Mark L. Smith
Law Offices of Mark L. Smith
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It doesn't make any difference for you as long as your name is not on the promissory note or the mortgage.

Answer Applies to: Rhode Island
Replied: 9/2/2012

Answer By John F Brennan
Musilli Brennan Associates PLLC
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I suspect the foreclosing bank will ask you to quit claim your interest. You should have an attorney review the documents and get out of the suit ASAP. I would check your divorce decree as well.

Answer Applies to: Michigan
Replied: 8/31/2012


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Are you sure you are not on the mortgage?? Otherwise, why did the bank contact you? Ask at the bank.

Answer Applies to: Rhode Island
Replied: 8/31/2012

Law & Mediation Office of Jeffrey L. Pollock, Esq.
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If you were not on the mortgage or loan, then be happy. Being on the Deed may give you some ownership rights if there is any equity in the property. Offer to let them buy out your interest in the Home/Deed.

Answer Applies to: Pennsylvania
Replied: 8/31/2012

Law Office of Phillip Weiser
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You can sign a quit claim deed to release your interest in the property.

Answer Applies to: Kansas
Replied: 8/31/2012

Answer By Jared Altman
Law Office of Jared Altman
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You don't need to do anything. Your name will come off in the foreclosure.

Answer Applies to: New York
Replied: 8/31/2012


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If you do not want the house, the foreclosure will remove your name from the deed. Be careful that you are not liable on the mortgage because there may be a deficiency judgment against the borrowers. The divorce decree will not protect you from that deficiency if your name was on the mortgage.

Answer Applies to: Nevada
Replied: 8/31/2012

Answer By Janis L. Blough

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You should consult an experienced attorney who can advise you and perhaps record a copy of your Judgment awarding the property to your ex-husband. You might also sign a quit claim deed (or did you do it after the Judgment was entered?) nunc pro tunc and make sure the deed is recorded. You may also need to take some steps to make sure the foreclosure doesn't appear on your credit report.

Answer Applies to: Michigan
Replied: 8/31/2012

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