If I signed a quit claim deed during a divorce and now my ex wants a loan modification but I don’t, can they approve this without my signature?

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If I signed a quit claim deed during a divorce and now my ex wants a loan modification but I don’t, can they approve this without my signature?

I don’t want to get locked into a 30 year mortgage when my ex husband is now remarried and I haven’t lived there for years. My mortgage company will not speak with me because he has hired a lawyer and they will only speak to an attorney on my behalf, how can they legally do that?

Asked on January 12, 2012 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you quitclaimed your interests in the real property that you once lived in to your former husband years ago, you have no interest in the property and his desire for a loan modification really should not affect you since you are not on legal title to the property but are presumably obligated on its loan still.

Most likely the lending company for any approval of a loan modification as to the former home will require you you to sign off on it. I suggest that you simply ask the lender to release you from any obligation in writing on the loan as to your former home since you apparently have no ownership interests in it.

If the lender requires you to have a lawyer before its representative speaks to you on the subject of the loan modification, it can do so if that is its custom and practice.


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