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Joined: May 2009
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Originally Posted by DaisyTheCat2
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I agree daisy...suggest to your bf he contact an attorney.....the one who did his divorce would be a good place to start.

Thanks everyone.

I did originally suggest he talk to a lawyer, but I actually recommended against talking to the one who did his divorce. Reason being, the lawyer should have advised him about this possibility and made recommendations (such as forcing sale of the house) should he be stuck in this boat.

When I got divorced, the lawyer talked to me about all this stuff.

Oh, good point. But yes something should be done.

Joined: Oct 2009
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Originally Posted by LifetimeLearner
Would a quitclaim help in removing his liability for the mortgage?
Sadly, no. There is a document that homebuyers sign in their loan package, agreeing that if one of the people on the loan decides to quit paying the mortgage, the other one is still on the hook. frown A quit-claim deed will take an ex off the title to the home but not the mortgage (a quit claim deed in this case is a very bad idea, and I'm basing this on my experience as a title agent. I am not an attorney.)

Banks don't care if there is marital trouble. They also don't care if there is a court order. If one spouse is ordered to take over the payments and decides not to, the bank will take the house. The non-paying spouse loses all ownership of the house. The bank isn't concerned with a court order and will not try to referee between two spouses. They will just take the house. They're The Bank. It's what they do.


D-Day 2-10-2009
Fully Recovered and Better Than Ever!
Thank you Marriage Builders!

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