Problems w/ getting mortgage off of credit

[arosado1970]

What is the name of your state? North Carolina

Ny husband divorced in 1993 and he and his ex-wife signed a quitclaim deed. From our understanding, that meant that when the mortgage is paid, she (ex) will get the deed. However, The mortgage is still under my husband's name and we would like to know how we can go about getting it off his credit since he has not been resposible for it since 1993. She has been paying it since then and refuses to refinance. The loan can only be assumed by a veteran which she is not. Are there any other recourses that we can take to be able to get this off of his credit? Any and all help would be appreciated. Thank you.

 

[seniorjudge]

What is the name of your state? North Carolina

Ny husband divorced in 1993 and he and his ex-wife signed a quitclaim deed. From our understanding, that meant that when the mortgage is paid, she (ex) will get the deed. However, The mortgage is still under my husband's name and we would like to know how we can go about getting it off his credit since he has not been resposible for it since 1993. She has been paying it since then and refuses to refinance. The loan can only be assumed by a veteran which she is not. Are there any other recourses that we can take to be able to get this off of his credit? Any and all help would be appreciated. Thank you.

Your husband is, of course, still responsible for the mortgage since the lender was not a party to his lawsuit.

The only ways he can get out of it are:

A. Have his ex-wife refinance

or

2. Have your husband pay it off.

 

[HomeGuru]

What is the name of your state? North Carolina

Ny husband divorced in 1993 and he and his ex-wife signed a quitclaim deed. From our understanding, that meant that when the mortgage is paid, she (ex) will get the deed. However, The mortgage is still under my husband's name and we would like to know how we can go about getting it off his credit since he has not been resposible for it since 1993. She has been paying it since then and refuses to refinance. The loan can only be assumed by a veteran which she is not. Are there any other recourses that we can take to be able to get this off of his credit? Any and all help would be appreciated. Thank you.

**A: what does the divorce decree property distribution agreement state?
And please understand that a mortgage has nothing to do with a deed.

 

[arosado1970]

North Carolina

This mortgage was a VA loan that my husband had assumed. According to the marital deed that they both had signed during the divorce, it states "In accepting this deed, the Grantee (the ex) herein, as part of the consideration for this trasfer, hereby assumes all obligations of the note and deed of trust referred to above and further agrees to indemnify the Department of Veteran Affairs (VA) to the extent of any claim arising from the guaranty or insurance of the said loan indebtedness." When I read this, it made me believe that she, in accepting the deed, would and/or should have taken over the loan. She has been paying it with very little lates on it. Do you think that if she refuses to refinance the loan, we would have a case to take her to court to have a judge make her refinanace?

 

[arosado1970]

Update

Thanks to all who have helped in this situation. WE have recently found out from the VA that the loan can be assumed by a non-veteran. WE have contacted the mortgage company and have been given the appropriate actions to take to get his ex to assume the loan. We are going to pay the money out of our pocket and do all of the leg work for her so that she does not have a reason to back out. Thanks again for all of the peopke who have answered our questions.