Posted by River City on August 23, 2005 at 10:30:22:
If your name is not on the Note, you are not responsible for the payments. If you had to sign the mortgage, it was to make you aware of the loan (because you are the spouse) so the lender could foreclose in case of default.
quit claim and financial resp. - Posted by Lynn Norman
Posted by Lynn Norman on August 23, 2005 at 08:00:32:
I live in Calif. but am divorcing my husband who lives in Ft. Lauderdale. He purchased property after we were separated and I was asked to sign a QuitClaim deed. I am not on the house note, but would like to know what my legal and financial liability for the property is, as a result of this filing, and if my name was put on the mortgage? Also, how do I find out if my name is on the mortgage and/or title?
What the lender wanted by the quit claim was the assurance that you were aware of the deal and that you had no interest in it and would not sue at a later date and claim any interest in it.
Unless you executed some documents for the mortgage, then you have no responsibility for them.
Most likely your quit claim, made out by the lenders, said something like…“Joe Smith, a married man…as his sole and separate property…”.
This was done because your divorce was not final at the time and they want no repercussions later.