My ex-wife’s name is on the deed to my 2rental house. she surrendered her claim today in a bankruptcy. Do I need a Quit Claim Deed to assume the own

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My ex-wife’s name is on the deed to my 2rental house. she surrendered her claim today in a bankruptcy. Do I need a Quit Claim Deed to assume the own

One Mortgage is in her name only and the other is in both our names. The banks say they cannot take her name off the loan and make me the sole Mortgagee unless she files a Quit Claim deed, which she refuses to do. She says it is not necessary, that by surrendering the houses in the Bankruptcy, the houses are automotically not hers and it doesn’t matter what the deeds say. The Trustee agrees that I can have the houses and the Bankruptcy court has no interest in them. What is the true status of the houses?

Asked on March 16, 2012 under Bankruptcy Law, Hawaii

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issue is whether her surrender of the deeds in bankruptcy court (which is in writing) should be considered or could be considered a form of quit claim. The lender/servicer may require pursuant to state and federal regulations an actual quit claim deed that is registered with the state registry of deeds. The technical status is that the courts feel the houses are no longer the ownership or problem of your ex-wife but her name is still on the loan, so in essence she owes on property she no longer wishes to have a claim to. At this point, I would file a complaint against the bank(s) and at the same time file a motion compelling her through bankruptcy court to file the quit claim deeds so you can be free to refinance. Hopefully, the bankruptcy has not impacted your credit score. You may need to file suit against her for monetary damages after the bankruptcy is settled if you discover your credit scores have tanked because of her bankruptcy.


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