What can I do if my ex was ordered to have my name off of the mortgage by nowbut hasn’t got it done?

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What can I do if my ex was ordered to have my name off of the mortgage by nowbut hasn’t got it done?

The lender will not let my ex assume sole liability of mortgage. She has been paying mortgage for last 2.5 years and actually remodified loan about a year ago which added $20,000 to my debt and is on my credit report. I signed nothing and had no idea she was doing this. Was it legal for the lender to do this? What can I do about my ex not meeting court ordered date to have my name off of mortgage?

Asked on January 10, 2012 under Family Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to get a copy of the modification agreement and see if you are listed on any documents and if your signature is on them as well.  You definietly will have an issue if that is the case.  At this point in time your ex is in breach of the agreement and in contempt of the court order.  But you need to be practical here.  If the bank will not let her refi in her name only you are going to have to come up with a "plan" for the court to see this thing through.  Perhaps to order a sale and pay off the mortgage?  Good luck to you.


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