me and my husband divorced 4 yrs ago and in our divorce i was to file a quit claim deed in 30 days, but when i tried to do this the loan company would not allow me because he had filed bankruptcy, now 4 yrs later he has gotten in some legal trouble and will be seeing jail time and now he is quickly trying to push a master commissioners deed against me. if this is issued and he falls deliquent in his mortgage then i at this time would have no rights to the property but would still be responsible for the mortgae. what are my rights??
You can deed your interest to him regardless of whether the loan changes names. In many divorces one spouse will give up their interest in property (by singing a QC Deed) regardless of refinance and removal under the mortgage note.
Unfortunately, if you sign a Quit Claim Deed, you may still be on the note and thus potentially liable to the lender if there is a delinquency. You should consult a domestic attorney who regularly practices before the family court in the county. You can likely file a motion to force him to refinance the property and remove you from liability.
Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and should not be considered as creating an attorney/client relationship. Michael Bouldin is an independent attorney located in Northern Kentucky. It is strongly recommended to not give any confidential information on any website.
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