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Can I get the lender to take my name off a mortgage that I have with my ex? Is a loan modification considered an affirmation?

Voorhees, NJ |

My ex and I broke up over 4 years ago. We have a mortgage together which he decided not to pay and the house went into foreclosure. I opted to filed a chapter 7 which was discharged a year ago. My ex, not me, since I have no interest in the property, has worked out a loan mod. with the bank, and the lender is requested my signature on the loan mod. I do not want to sign because I do not want it to be considered a reaffirmation. I called the bank myself to notify them I have done a bankruptcy, I no longer live in the state of FL and I would like my name taken off the mortgage. They said I have to sign the agreement in order for my ex to refinance. I do not want to sign, I feel like I should not have to. How do I get out of this really stressful situation?

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Attorney answers 1


If the property is in Florida, you should seek the advice and counsel of a Florida real estate attorney.

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