Removing Name from Mortgage Loan - Refusing to Sign Quit Claim

[mccaltl]

State of WV

My fiance's ex wife is court ordered to sign a quit-claim deed for her interest in the marital property. The papers have been executed and sent to her for her signature and notarization. She has found every excuse not to do it. First it was some legal wording in the document that she insisted be re-worded to meet her approval (which my fiance's attorney did) and NOW she is refusing to sign them until her name is taken off the mortgage loan. His lawyer sent her a letter telling her that if the papers are not returned to her in 10 days, she will file a petition for contempt.

CAN her name be removed from the mortgage? Does she have a legitimate complaint here? I thought there was no way to remove someone's name from a mortgage note other than to refinance the property and start over?

Thanks.

[jk]

she has a very legitimate complaint. She should never sign a QC deed until her liability for the mortgage loan is removed.

If she were to deliver a QC deed, she would then have no interest in the property yet she would still be liable for the mortgage loan against the property.

CAN her name be removed from the mortgage?

It's possible but unusual. It generally doesn't happen like this.

Does she have a legitimate complaint here?

yes

I thought there was no way to remove someone's name from a mortgage note other than to refinance the property and start over?

that's pretty much how you have to do it.