Legal Question in Real Estate Law in New York

Can ex-husband execute quitclaim transfer if he is still on mortgage?

My ex-husband and I are still joint owners of our home, and both names are on the mortgage. He is going to transfer title to me, and I am going to refinance. I'm just wondering about which transaction happens first - title transfer or refinancing in my name alone. Will the mortgage bank allow him to use a quitclaim deed to transfer title even though he is a co-borrower? Or do I refinance first to get him off the mortgage and then transfer title?

Thank you.


Asked on 9/14/02, 6:14 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Can ex-husband execute quitclaim transfer if he is still on mortgage?

Speak to mortgagee regarding refinancing. Obtain an informal approval, then have your ex quitclaim his share to you, then refinance. Good luck.

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Answered on 9/14/02, 9:24 pm


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