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You need to make that a part of the separation agreement. You give him a deed and he is required to refinance the mortgage in his own name within a specific time period such as 90 days. The deed should be exchanged at the time of the refinance.
Your attorney needs to address this issue during the divorce. The bank is not bound by your divorce decree if all it says is that you should be held harmless from the debts. That mortgage must be paid off and refinanced in your husband's name alone in order to dissolve your responsibility for paying the mortgage.
A lender is not legally bound to agree or act on the stipulations pertaining to debts when it relates to a divorce decree.
What else can I help you with?
Can you remove your spouse's name from the property if separated?
No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.
You want to remove one person name from your house title?
If the house has a mortgage then you have to refinance. If the house is all paid off then you can go to a lawyer and have the name removed from the deed.
Do you need a solicitor to take your wife off the joint mortgage?
Your solicitor can negotiate with the lender for you but the mortgage is owned by the lender. You cannot take your wife's name off the obligation if she signed the mortgage. You would need to refinance in your own name and pay off that mortgage. You need to discuss the situation with your bank. If you want the mortgage in your name alone the property must also be in your name alone.Your solicitor can negotiate with the lender for you but the mortgage is owned by the lender. You cannot take your wife's name off the obligation if she signed the mortgage. You would need to refinance in your own name and pay off that mortgage. You need to discuss the situation with your bank. If you want the mortgage in your name alone the property must also be in your name alone.Your solicitor can negotiate with the lender for you but the mortgage is owned by the lender. You cannot take your wife's name off the obligation if she signed the mortgage. You would need to refinance in your own name and pay off that mortgage. You need to discuss the situation with your bank. If you want the mortgage in your name alone the property must also be in your name alone.Your solicitor can negotiate with the lender for you but the mortgage is owned by the lender. You cannot take your wife's name off the obligation if she signed the mortgage. You would need to refinance in your own name and pay off that mortgage. You need to discuss the situation with your bank. If you want the mortgage in your name alone the property must also be in your name alone.
Can you remove someone from a deed if you are still paying on the mortgage?
Only if they want to be removed. They have a property right and only they, or a court order, can remove them.
My husband purchased a home then added my name to the deed. Now we are in the process of foreclosing. What happens to my undivided half interest?
If your husband mortgaged his property prior to adding your name to the deed then you acquired your interest subject to the mortgage and the bank can take possession of the property by foreclosure. Your "interest" was encumbered by the mortgage. If you want to keep it then you must pay the mortgage.If your husband mortgaged his property prior to adding your name to the deed then you acquired your interest subject tothe mortgage and the bank can take possession of the property by foreclosure. Your "interest" was encumbered by the mortgage. If you want to keep it then you must pay the mortgage.If your husband mortgaged his property prior to adding your name to the deed then you acquired your interest subject tothe mortgage and the bank can take possession of the property by foreclosure. Your "interest" was encumbered by the mortgage. If you want to keep it then you must pay the mortgage.If your husband mortgaged his property prior to adding your name to the deed then you acquired your interest subject tothe mortgage and the bank can take possession of the property by foreclosure. Your "interest" was encumbered by the mortgage. If you want to keep it then you must pay the mortgage.
How do you remove a former partner off of a mortgage loan?
You would need to take that question up with the lender. It may want you to refinance the loan.
You are on the deed but not the mortgage. Can you pay the mortgage without being on the mortgage if you want to keep the house?
You can make mortgage payments if you're not on the mortgage. However, you would be a volunteer and paying the mortgage in and of itself wouldn't give you any interest in the property. You would be paying for someone else's property.However, if your name was added to the property after the mortgage was granted you would be protecting your interest in the property by making certain the mortgage is paid on time.
How do you remove quest from name on imvu?
If you want to remove it then you must be a V.I.P. in Imvu.com.
Can a co owner remove the other co owner from the title but not from the deed of trust?
No. A co owner cannot "remove" the other co owner from the title. If you want their interest they must transfer it to you voluntarily by executing a deed. However, that is not good idea if they are on the mortgage because they will remain responsible for paying the mortgage.
Does the bank sell a reverse mortgage home on owners death?
Yes, unless the mortgage is paid off by the heirs if they want to keep the property.Yes, unless the mortgage is paid off by the heirs if they want to keep the property.Yes, unless the mortgage is paid off by the heirs if they want to keep the property.Yes, unless the mortgage is paid off by the heirs if they want to keep the property.
Why does a bank want a second mortgage holder to voluntarily remove the homesteader's act from a mortgage document?
My thought is that the bank wants to be in "first position" to recover the home in case of default in payments. The homesteaders act phrase may prevent this action from being enforceable. If you want the loan, it may have to be removed.
Can the Mortgage be in your name and deed be in both your names - not married?
A lender would require that all the owners of the property execute the mortgage. If only one person signs the mortgage and it is later foreclosed, the lender would only get that person't interest. Lender would want ALL the interest conveyed in the mortgage deed.
