Can a mortgage company charge a fee for not reaffirming a mortgage?

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Can a mortgage company charge a fee for not reaffirming a mortgage?

My wife and I separated 2 years ago. We own a home together which she currently lives in along with her boyfriend and their new baby. After separating she continued to make the mortgage payments. I filed for bankruptcy last year. We are in the middle of getting divorced and she wants to charge me $20 per month for not reaffirming the mortgage after bankruptcy even though I surrendered the home to her and her new family before I ever filed bankruptcy. Should I take my name off of the house and give it to her? Can she legally charge me for not reaffirming the mortgage?

Asked on August 25, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your wife has no legal or factual basis for charing you $20.00 per month for not re-affirming your mortgage for the home that you have based upon what you have written. If you no longer wish to own the home that you have written about and your wife does, then you should consult with a bankruptcy attorney about quitclaiming your interest over to her by way of a written and signed deed that you sign before a notary public and have recorded with the county recorder's office in the county where the property you are writing about is located.


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