Monday, August 9, 2010

How do I get my name off of a mortgage with an ex?

I would like to know if there is any way to get my name off of a mortgage without making my ex refinance? We had an amicable split so I am not out to ruin him. We were never married so it is not a divorce thing. It is a rental property and he lives in one of the apartments. I do not think that he would be able to refinance himself. What does a quit clain deed mean and/or invovle? Any help would be appreciated.How do I get my name off of a mortgage with an ex?
Generally, the answer is that it is nearly impossible to remove a party from a mortgage obligation without refinancing.





If you look at it objectively from the lender's point of view, it has no motivation to release a borrower. The more borrowers obligated on the loan, the more potential the lender has for pursuing payment in the event of a default. What would be the upside to a lender to release any one?





Most likely, he will need to refinance. If he's had the loan for quite some time, he might even obtain better rates and there are numerous options for no or low closing cost loans these days.





Additionally, don't confuse the mortgage with how title is held. Altering the title on the property by filing a quit claim deed or something similar has no bearing on the obligations under the loan documents.





For example, A %26amp; B purchase a home together and the title is vested as A %26amp; B, as joint tenants with right of survivorship. They both sign mortgage documents with a lender borrowing money against the property. Even if B were to file a quitclaim deed assigning his or her's interest in the property to A, both A %26amp; B will remain obligated on the loan until it is either paid in full or the lender formally releases B from any further obligation.





Best of luck!

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