Legal Question in Real Estate Law in Pennsylvania

Joint Property, How to get my name off the loan

My ex-husband and I still own a house together in North Carolina, we both live in Pennsylvania now.. Both of our names are on the mortgage.. I want my name off... How do I do this? Can I file bankruptcy on just the house? Because I do not believe he will take out another mortgage in just his name... Thank you


Asked on 1/14/02, 12:30 pm

2 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Joint Property, How to get my name off the loan

You really should consult legal counsel to fully review your options. The mortgage company will not remove your name from the mortgage. If you offer your ex husband to transfer title of the property to him on the condition that a new mortgage will be obtained that might be a possibility. Bankruptcy is out of the question for your credit will be destroyed. However, another option is that you might be able to force your ex husband to sell the property. However, legal advice is necessary for you to evaluate your options. You may call me to explore your options. My phone number is 215-579-9390.

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Answered on 1/14/02, 1:04 pm
Brandon Barnett Brandon J. Barnett Attorney At Law

Re: Joint Property, How to get my name off the loan

I agree with the other attorney. You may or may not need legal counsel but if you quit claim off of the deed you will want the mortgage company to release you off of the note or obligation. This is complicated especially if the mortage is not getting paid. Bankruptcy may be an option depending on your total financial situation.

My firm is in Pittsburgh and we offer a free initial consultation for all clients.

Sincerely,

Brandon Barnett, Esq.

412-916-1677

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Answered on 1/27/02, 2:43 pm


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