Ex says bank won't refinance without quit-claim deed?

Real Estate Documents and Closings 4 views 1 answers
My fiance and his wife divorced 6 years ago. Part of the divorce decree was regarding the house they own. The settlement states that she has the first right of refusal and that should they sell, they split the profit evenly; until one if these scenarios happens, they are each responsible for half the mortgage payments and repairs. She is now looking to refinance and told my fiance that according to her attorney, the initial refinance she applied for in February was denied because the bank wanted a quit-claim deed from him before they will approve. She has told him that she has to have that form from him before she can send in the refinancing paperwork. Is this even true? Shouldn't he be required to sign a quit-claim at closing, AFTER the refinancing is approved, not before??

Attorney Answer

1
Elizabeth Smith-ChavezLitigation LawyerEl Cajon, CA ·
Your finance is right to be concerned. Signing the quitclaim deed without knowing that he will be released from the loan is very danagerous. He should contact the lender and offer to put a signed quitclaim deed in escrow with them, to be effective ONLY when the loan goes through. The lender can then record the quitclaim deed when it records its own documents. If the ex-wife is not trustworthy, do not give her the deed or allow anything to be recorded except as part of the refinance.
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