How can I do get myself off of a mortgage?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

How can I do get myself off of a mortgage?

I just found out 4 years later that my ex husband has not taken my name off mortgage as agreed. I have talked to the mortgage company 5 times trying to resolve the release of liability. They told me I could do this, and even sent me paperwork for myself an ex to fill out and sign. However, the only thing that the mortgage company is making clear is they want $900 to review taking my name off. So basically I could just be throwing money away because this money is not refundable. The ex was supposed to do this after divorce but even though he did not, I am willing to pay the full $900 to get this done. What can I do about mortgage company giving me the run around? Also, if I’m still on the mortgage does that me I’m still on the deed? 

Asked on November 29, 2010 under Family Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) Being on a mortgage does not necessarily mean you're on the deed.

2) If the problem is that your ex-husband has not done what is required of him, then you would have no recourse against the mortgage company--though you may have grounds to sue your ex-husband for his violation of your agreement. (But see point 4, below.)

3) Note that as a general matter, a lender does NOT need to allow a debtor to be taken off a mortgage UNLESS the mortgage is paid off in some fashion (e.g. refinanced and replaced by another mortgage without that debtor on it). There is no general right to be excused from or allowed  out from a mortgage, so if mortgage company is willing to let you do this, they can charge for the process.

4) Since the mortgage company is not obligated to take you off the mortgage without the mortgage being paid off, it's not clear that the agreement you have with your ex husband is enforceable unless the mortgage company was a party to that agreement or otherwise has indicated they are willing to be bound by it; otherwise, unless the agreement was for your ex husband to refinance the mortgage in his own name, the agreement between you and him may have been for something that he simply cannot do.

You should have an attorney review any and all agreements and paperwork with you; this may be a complex matter to resolve.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption