Legal Question in Real Estate Law in Pennsylvania

Force assumption of Mortgage to deed holder

My divorce was final in 1998. I signed the deed to our house over to my ex wife. The attorneys wrote on the divorce settlement that my ex-wife would assume responsibility for payment of the mortgage. Also She would indemnify and hold me harmless from any liability related to the ownership of the marital residence.

To date she has refused to process the mortgage assumption papers to remove my name from the mortgage. Cost is approximately $500. To me its inferred that she is obligated to complete the assumption and remove my name from the mortgae. She has been paying the mortgage on time so far but it always shows up on my credit report as a outstanding debt when I am trying to buy an investment property.

Do I have any legal recourse to force her to remove my name.


Asked on 3/15/04, 1:25 pm

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Force assumption of Mortgage to deed holder

Your agreement must be reviewed by legal counsel to determine the proper course of action. Unless there is a spedific requirement in the agreements that requires your ex wife to refinance or remove you from the mortgage obligation you have no recourse unless she defaults. As a result this debt may prevent you from purchasing a home or getting additional credit. If she defaults in the mortgage obligation you have recourse but your credit will be effected. If I can be of any assistance. Gerald Hershenson 215-579-9390

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Answered on 3/15/04, 3:44 pm


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