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  1. #1
    Join Date
    May 2006
    Posts
    4

    Default Divorce and Mortgage

    My ex and I divorced in February 2004 in Illinois. A Quit Claim Deed was filed with the courts. My name, for some reason, is still on HIS mortgage even though the QCD was filed and we are divorced. I have contacted the mortgage company to no avail. He is consistently delinquent on the payments and my credit is greatly damaged due to this mortgage on a house I have no rights to. Or do I? What shall I do? Since my name was never removed from the mortgage, do I have rights to the equity?

    Thanks for your information.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Divorce and Mortgage

    The quit claim deed has absolutely no legal relevance to your obligation to the mortgage company. You have to either get them to agree to remove your name, or get your ex- to refinance. You may be able to get relief through the divorce court. Ideally there is a provision in the divorce judgment detailing how and when you are to be removed from the mortgage.

  3. #3
    Join Date
    May 2006
    Posts
    4

    Default Re: Divorce and Mortgage

    What happens if I file bankruptcy?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Divorce and Mortgage

    Under typical state law, the lender could still sue you because you remain on the mortgage, which is a secured debt.

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