How do I go about removing my name from a mortgage?

UPDATED: Sep 30, 2022

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How do I go about removing my name from a mortgage?

I am the primary name on a loan for a mobile home that was purchased in 1995 with a former boyfriend. We split up and agreed for him to live in the home because it is on his parents property and I would keep the car. I remember him having me sign a power of attorney so he could

Asked on January 13, 2017 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Actually, you *can't* remove your name from the mortgage unless *all* parties to it--which includes the lender--agree to remove you; a mortgage is a contract, and the consent, or agreement, of all parties to a contract is necessary to change it, including by releasing one of the parties to the contract. The lender is very unlikely to agree: letting you off the mortgage gives them nothing and in fact hurts them, by reducing the number of people responsible to pay the mortgage (and whom they could sue).
So effectively, to get you off the mortgage, the mortgage must be paid off or refinanced in your former boyfriend's name. You may be able to sue your ex-boyfriend to enforce the agreement that he would take over the mortgage, to get him to refinance; speak with a real estate attorney about this, if you want to explore this option.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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