Legal Question in Real Estate Law in Arizona

Re: How do I get my name off a mortgage I am not responsible for?

The best way to get your name off the mortgage and note to the lender is to get the obligation refinanced, if the co-borrower is willing to assume full liability. The lender is not obligated to remove your name from the mortgage since it is not a party to your dissolution action and not bound by the court's order. There is no reason for the lender to eliminate your obligation and remove a source of recovery without getting anything in exchange. Did your spouse indemnify and hold you harmless from this obligation in a separation agreement, if you have one? It doesn't sound as though the decree or order of court required your spouse to indemnify you against this obligation. If none of these options work, you remain obligated on the note secured by the mortgage.

Re: How do I get my name off a mortgage I am not responsible for?

You have not stated the facts behind your question, so I am assuming that you divorced and the decree states that your exhusband is responsible for the debt. The divorce decree does not affect the mortgage lender and in the event of a default on the loan, the lender could seek payment from you and you would have to go after the "responsible" party. The lender is not obligated to release you from the debt.