Can my husbands ex force him to remove her name from mortgage prior to foreclosure?

Asked over 3 years ago - Sacramento, CA

In their divorce he took house, 2nd mortgage, trailer, significant credit card debt, and the truck. She took a car and 2 small credit cards. There was nothing in the divorce papers (pro per - no lawyer) that stated her name was to be removed from the mortgages. Because of economy and recent health problems, he was forced to file Ch. 7 Bankruptcy. The BK Lawyer included the 2nd but not the first mortgage stating that he could let the 1st mortgage foreclose. Now the ex is asking him to sign papers to remove her name from the mortgage and says she can get a lawyer to force him. The bank says it is not assumable whatsoever... what is she talking about? She refused to pay the credit she was responsible for which partly caused the BK. What are his risks??? Her rights???

Attorney answers (3)

  1. Tony E Carballo

    Contributor Level 13

    Answered . There is no way to remove the ex's name form the mortgage without the bank's permission and don't count on that happening. A refinance is obviously impossible. I have to assume that the ex wants her name off the title which is all that can be done and will make no difference with regard to the mortgages. If she wants the property off her name she can file a quit claim deed giving up her interest in the property to your husband. That would not require your husband's signature. If foreclosure occurs she will likely be liable for the debt related to the second mortgage if her name is on the loan. She might have to file bk so she won't have to pay that.... maybe she knows this and is nervous about it. Since your husband discharged his personal liability on the second mortgage, the ex was left holding the bag for that debt if your husband loses the house in foreclosure.

  2. Douglas Charles Michie

    Pro

    Contributor Level 13

    Answered . If the first forecloses through trustee sale, that is the end of that debt. You husband's BK took care of his obligation on the second. He no longer will owe either lender.

    As for the ex, she can either settle with the second lienor or she can file BK. It is her headache - tell her to stop calling your husband.

    www.michielawfirm.com
    I guess I wouldn’t feel lawyerly unless I wrote a disclaimer to this answer – after all, that’s what we lawyers are trained to do. So here it is. Disclaimer: Trying to provide a complete answer to a brief question without meeting the questioner and without getting all the facts is much like internet dating. Despite what you have been told by the person you’ve met online (and don’t they always put everything in the best light for themselves), once you meet them face to face you realize how much has been left out. People tend to bend the facts and there is always the other side to the story. So, this answer is about as valuable as the price that was paid for it. It should not be considered legal advice. It is meant as a general overview of how the law could apply to a very broad set of facts that may not have any applicability to the actual circumstances of the person making the question. It is hoped to provide some understanding of the broad field of law that could come into play. No attorney-client relationship has been formed with the questioner and no attorney client relationship was ever anticipated by my response to this question. I would also like to remind you that I am only licensed in the State of California, and the answer provided is based upon my knowledge of California law.

  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . Does the ex stomp her foot and screek to try and get what she wants? Think of her as a 4 year old having a temper tantrum to try to get what she wants!

    Your husband isn't able to remove his ex-wife's name from the mortgage now that the property is in foreclosure. Any papers he signs saying he will remove her name from the mortgage would probably be a joke!

    Now that you see the problems not having a lawyer can cause, hope you are going to hire the best bankruptcy lawyer you can find. Hope this perspective helps!

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