Can a bank force me to sign a quit claim deed?

My house has been foreclosed but now bank says there was a mistake 13 years ago when home was purchased. Saying I did not sign original paperwork. My soon-to-be ex-husband is the only signature on the mortgage. The bank is now trying to get me to sign so they can sell the property. The mortgage has never been on my credit. I mostly am just nervous that I might sign something that might make me responsible. It was agreed 13 years ago I was only suppose to be on title not mortgage.

Asked on September 19, 2018 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Don't sign it. That they made a mistake is their problem, not yours: the fact that they did not make sure that you signed as well and that they loaned the money without your signature doesn't force you to sign now or give you up your rights to or interest in the home. They are offering you money precisely because they need you to agree to do this--they can't compel it. You have leverage: you can hold out for more, because it will costly to them and delay matters to try to go to court and get a court order for the sale--and even if they do, you may be awarded compensation for your interest in the home (e.g. a share of any proceeds left after paying off the mortgage with the money from the sale). Let them make it worthwhile for you to sign.


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