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?

UPDATED: Jan 12, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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 AttorneyPages.com 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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