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How do I get my name off mortgage since spouse won't sell and i do not qualify for refinance

by jeromebetts377 from Santa Fe, New Mexico. Mar 18th 2014 Reply


Joe Metzler (JoeMetzler)
#1 ranked lender in Minnesota - 4,747 contributions

You really can't just remove someone from the loan without refinancing. If you can prove she has made the last 12 payments on her own, there is a possibility a new lender will disregard that debt when you apply for a new loan. Works much better if you are actually divorced. Good luck.

Mar 18th 2014
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Colby Neal (FHAHomeLoanGuarantee)
#57 ranked lender in Arizona - 34 contributions

The best you can do is a quit-claim-deed to remove yourself from the title. But your name is stuck on that mortgage until she or you refinance each other off. You'll need a 620 middle credit score. I have an awesome credit repair guy if you need credit help.

Mar 18th 2014
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Gina Bell (GinaBell)
#7 ranked lender in New Mexico - 26 contributions

Unless there is a divorce decree ordering you to remove yourself from the title, I would not recommend executing a quitclaim deed to remove yourself. If you execute a quitclaim deed, your spouse can sell the property, refinance it, or even add a 2nd mortgage without your consent, even though you are still obligated on the 1st mortgage. Unfortunately, the only way to remove yourself from the mortgage is to refinance or sell the property.

Mar 18th 2014
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William J Acres (William_Acres)
#73 ranked lender in Arizona - 8,728 contributions

The only way to be removed from a mortgage is for the loan to be paid off.. either by refinancing, selling or just paying it off.. You can remove yourself from the deed to the property, but it does not relieve you of being responsible for the payments if they are not made by your spouse.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. William J. Acres, Lender411's number ONE lender in Arizona. 480-287-5714 WilliamAcres.com

Mar 18th 2014
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Michelle Curtis Loan Originator NMLS 401173 (MichelleCurtisLO)
#77 ranked lender in Florida - 2,245 contributions

Unfortunately without refinancing there is no way to be removed from the mortgage.

Mar 18th 2014
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Steve McCoole (loanman619@gmail.com)
#985 ranked lender in California - 20 contributions

When you signed the note you obligated yourself for the debt. A change in relationship with the co-borrower (your spouse) does not relieve you from the obligation. There may be a way to have the court force the sale of the property but that is complicated and you will need to get advice from a RE attorney concerning that. Also I agree with Gina Bell in not seeing any advantage to quit claim deeding off the property. All that would accomplish would be you are now obligated to debt on a property that you have no ownership interest in.

Mar 18th 2014
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Robert Regehr (RefiAdvisor)
#30 ranked lender in Nevada - 1 contribution

Quitclaim deeds are legal documents often used between spouses or ex-spouses when they wish to transfer ownership of a property from jointly owned to single ownership. Quitclaims are easy-to-use documents that do not need the services of a lawyer. They are sometimes referred to as "quit claims." Many people think that once a quitclaim is filed, then the property must also be refinanced if the mortgage note for the property was jointly signed. That is not the case.http://en.wikipedia.org/wiki/Quitclaim_deed

Mar 18th 2014
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