I have a restraining order against my husband, we are not officially divorced yet but I'm in the process of filing (no one even knows where he is anymore as he's lost contact with everyone.) Our marital home is going into foreclosure right now, the mortgage and note are in his name. The deed is in both of our names, obviously I do not want a foreclosure pulling up under my name at all so was advised to do a quitclaim deed. I'm wondering if I am able to do a quitclaim deed to get my name off the deed and it be solely in his name, without him being present or signing anything?
First, who gave you that advice as it is wrong. If you are not on the note, no foreclosure will show up on your record. You will get notices ONLY for notice purpose as an owner. There is absolutely no reason to even think about a quit claim deed. In fact, there is always a chance he saves the home from foreclosure...because you are on the deed, you would have leverage for money or other benefits from him if this happened.
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