Legal Question in Real Estate Law in Nevada

removing name off 1st mortgage loan

I was divorced in August 2006. In the divorce, I gave my husband the new house and the first and second mortgages that went with that. He has been making the 1st mortgage payment since I moved out in February and I have been making the payment on the 2nd until this last week when that loan was finally approved and moved to his name. The problem I am having is removing my name from the 1st mortgage on the house. I have been told that the loan is not assumable and that I have to stay on that loan with my ex even though I haven't lived there in 9 months, the house is legally quit claimed to him, and the divorce decree states that this loan and the house is his sole resposibility. How do I get my name removed?

Thank you.


Asked on 10/25/06, 2:12 pm

1 Answer from Attorneys
mark albright albright stoddard warnick & albright

Re: removing name off 1st mortgage loan

While the judge may order your ex-husband to make payments on a home loan and you to quit claim you interest in that home to your ex-husband, he can not order the lender to remove your name from the loan. If the lender is unwilling to remove you from the loan then your ex-husband must refinance that first loan into his own name in order relieve you of liability to that mortgage company. Please contact us if we may be of assistance.

Spencer Judd, Esq

Albright Stoddard Warnick and Albright

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Answered on 10/25/06, 2:50 pm


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