How can I remove my ex-husband from my mortgage loan?

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How can I remove my ex-husband from my mortgage loan?

My husband and I filed for an uncontested divorce in October 2015. We had no assets or property together. My house is in my name only. We did refinance my mortgage in both names. My mortgage company says I need to record something with the courts indicating he has no interest in the mortgage. The divorce decree did not specify this issue. We assumed that filing an uncontested divorce released him from the mortgage note. How can I rectify this situation?

Asked on November 15, 2016 under Family Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your divorce has no bearing at all the mortgage loan--after all, the divorce was between you and him, and the lender was not a party to your marriage or the divorce, and is not affected by a decision in a case and matter it was not involved in. The end of your marriae does not affect the mortgage, which is a contract between you and the lender. You can only remove him by 1) doing what the company asks you to (i.e. what it says will satisfy it to remove him); 2) paying the loan off in full; or 3) refinancing the loan in your name only.


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