What action can I take to ensure that my name comes off a mortgage?

UPDATED: Jul 27, 2011

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What action can I take to ensure that my name comes off a mortgage?

My post-nuptual agreement states that my ex-husband agrees to all liability to the home, frees me of any liability and if he does not make payments on time, etc. I can sue him for damages and for all my divorce court fees. He and I have been working cooperatively together for 3 years and he has paid everything on time, trying for him to assume the mortgage, but the bank continues to deny it when he tries to make a loan modification. We cannot sell because it is worth so much less than we paid. We don’t want to damage our credit by a short sale or foreclosing. What do I do?

Asked on July 27, 2011 Maryland


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

Answered 11 years ago | Contributor

I am so sorry for your situation.  You have covered all your bases it seems with the post-nuptial agreement - which is a contract between you - with the matter.  Unfortunately, there seems to be little that you can no at this point if the banks will not allow him to modify the mortgage to take you off.  The lender is not a party to your divorce action and they do not have to abide by your agreement.  They have you on their agreement and they are entitled to enforce it against you both.  They also do not have to allow him to modify if he does not qualify.  Have you looked in to any federal programs regarding refinancing the house?  Seek consultation from a debt counselor in your area (a reputable one) to see.  Maybe a deed in lieu of foreclosure back to the bank.  Good luck.

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