Legal Question in Real Estate Law in California

My ex and I purchased a house in 2009. We divorced in 1998. In February of 2015 he "quitclaimed" the house to me. I am refinancing to get the mortgage in my name alone. They want a notarized "confirmation of conveyance" and a "statement of facts" before I can close (I"m totally approved, the underwriters are asking for this before we can proceed to closing). Is there any way I can proceed without those papers? The Deed of Trust is in my name alone, this refi is just to get his name off the mortgage.

Thanks!


Asked on 10/12/15, 10:53 am

1 Answer from Attorneys
William Christian Rodi Pollock

While legally he owns no interest in the home, the lender may ask for documents they require to provide the loan. You may also find that this is a request from the title company rather than from the Lender.

I would suggest you discuss this and find out where the request is coming from. If it is the title company, discuss the circumstances with the title officer and see if he will waive the requirement. You can do the same with the lender if you desire. If the title company will insure the title without these documents, you have a good argument to present to the lender that they have no reason for this requirement.

You can request another title company pretty quickly, but it may be hard to get another lender promptly.

Is there some reason why it is difficult to simply get the ex to sign documents Even though you are right, sometimes it is simpler ( and cheaper) to do as requested.

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Answered on 10/12/15, 11:03 am


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