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Can a mortgage close without a quit claim?

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roosterchick

Junior Member
What is the name of your state?What is the name of your state? Florida

My ex-husband is required to refinance our marital home to remove my name by a certain date. I have maintained that I will only sign a quit claim deed at the closing to insure that the loan actually closes since I don't trust him. He has now passed his deadline by two weeks and I am refusing to sign the quit claim and am having my atty file civil contempt so we can sell the house and I can get my equity out of it. The mortgage company he is refi-ing with keeps saying they are going to close on the loan anyway and I will sign the quit claim later. Can they actually close without me releasing my interest in the property? I didn't think you could close without a clear title.
 


nextwife

Senior Member
"Can they", well, yes, if they don't care about the enforceability of their mortgage and having a title insurance Mortgagor's Policy so the loan is salable on the secondary market.
 

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