My ex husband is on the deed of trust for my house. I bought the house with my boyfriend, but my ex and I were still in the process of divorce so they mortgage companty put him on the deed of trust. He is not on the title or the note for the home. I sent my mortgage company my divorce decree, but they are saying i would need to file a quitclaim. I thought a quitclaim is to remove him from the title which he is not on. I don't know what to do.
Something sounds wrong. First of all why is this problem coming up? Is your ex concerned about the loan being on his credit or are you concerned about him being involved with your property? The title or deed determines who the owners are. Was there a deed issued after the divorce. Was your ex ever an owner? A deed of trust is like a mortgage and secures the loan by tying up the property. It needs to be signed by all owners. Maybe the bank wanted him to sign if they were concerned that he may have had a potential ownership interest via the pending divorce. I have never seen that as usually only owners sign a mortgage or deed of trust. Signing a deed of trust does not obligate those persons to pay. Those who sign are just giving permission for the bank to take title through a foreclosure and sell the property to pay back the money owed on the note if the borrowers don't pay. So if the ex is not on the note it should not effect his credit. You need to look carefully at the deed of trust. Did your ex sign it? Maybe that is because he was still an owner at that time. Show the bank the title and the note. If in fact he is not on the title he would not need to be on the deed of trust. If they can't explain it or will not do what you are asking for, call a local real estate lawyer. I hope this gives you some further insight and direction and good luck in resolving your legal issue. Feel free to e-mail me with answers to my questions in a follow up.
This seems like an issue involving several different areas of law: domestic relations and real estate finance. It sounds like the bank had your ex sign the deed of trust because it was concerned that by you taking title to a property while your divorce was pending your then soon to be ex might have a marital interest in your interest in the property being acquired and wanted to protect itself from any claim by him in that regard. A belt and suspenders approach for sure, and probably unnecessary. There are several ways to properly accomplish the objective of removing him from the deed of trust, all of which involve the bank's cooperation and may or may not involve a quit claim deed. You should consult legal counsel to ensure this gets done correctly and you do not have any issues in the future.
I'm a little unclear on the facts, but it sounds as if what you are saying is that your ex-husband is on the title to your property, and you want him off the title. He will have to sign the quitclaim to remove himself from title. If he refuses, you can consider a legal action to force him to do so. Best to consult a local attorney who can review the relevant documentation and provide informed advice.
The note is secured by a deed of trust so file a quit claim deed signed by your ex otherwise you have to file a lawsuit to clear the title. Let me know what happens.
