i signed a quitclaim deed over to my now ex-wife over three years ago. we are divorced since 2016 and now the house is in pre forclosure. Am i liable for any judgements or fines or fees ?

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i signed a quitclaim deed over to my now ex-wife over three years ago. we are divorced since 2016 and now the house is in pre forclosure. Am i liable for any judgements or fines or fees ?

north carolina

Asked on February 16, 2019 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Are you on the mortgage? If you are on the mortgage, as a mortgagor (person taking out the mortgage, either on your own or with someone, such as your now ex-wife) or a guarantor, then you are liable for any amounts due under the mortgage, which can included the unpaid balance and any costs (like legal costs) or fees (like late fees) the mortgage lets the lender get. The mortgage is a contract between the persons(s) who take it out (the mortgagor[s]) and the lender (mortgagee); that contract is not affected by your divorce or by quitclaiming the deed to your ex-wife. So if you are obligated under the mortgage, you are liable.


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