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James R. Thompson

James Thompson’s Answers

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  • Need to remove my ex husband from a deed of trust.

    My ex husband is on the deed of trust for my house. I bought the house with my boyfriend, but my ex and I were still in the process of divorce so they mortgage companty put him on the deed of trust. He is not on the title or the note for the hom...

    James’s Answer

    This seems like an issue involving several different areas of law: domestic relations and real estate finance. It sounds like the bank had your ex sign the deed of trust because it was concerned that by you taking title to a property while your divorce was pending your then soon to be ex might have a marital interest in your interest in the property being acquired and wanted to protect itself from any claim by him in that regard. A belt and suspenders approach for sure, and probably unnecessary. There are several ways to properly accomplish the objective of removing him from the deed of trust, all of which involve the bank's cooperation and may or may not involve a quit claim deed. You should consult legal counsel to ensure this gets done correctly and you do not have any issues in the future.

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