Legal Question in Family Law in Nevada

remove name from mortgage

How do I do this after our divorce? He did not refinace as promised.


Asked on 1/28/09, 10:29 pm

3 Answers from Attorneys
David Fischer Fischer Sanders, LLP

Re: remove name from mortgage

Is there a final divorce decree? Is he in violation of a court order or contract establishing that he do this?

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Answered on 1/28/09, 10:47 pm
James Smith James E. Smith Ltd.

Re: remove name from mortgage

A divorce cannot change the rights of third party creditors. The only way off the mortgage is a sale or refinancing.

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Answered on 1/29/09, 8:39 am
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: remove name from mortgage

You need to take him to court for contempt. If he is in possession of the house and there is equity, the court can order him to sell it. Otherwise, he will have to explain why he has not taken you off the mortgage.

You will stay on the mortgage until it is paid or you file for bankruptcy.

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Answered on 1/29/09, 6:03 pm


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