Legal Question in Real Estate Law in Pennsylvania

Re: I Need My Name off the Note

In order to be released from your obligations on the Note, you must have the written consent of the holder of the Mortgage and Note. If your husband's credit will not be sufficient for the Mortgage Holder to accept his credit in place of yours, you will not be able to get a release.

The other alternative is to have the property covered in your divorce property settlement or court order, so that the property may be sold to pay off the Note and have the Mortgage satisfied. This settlement should also provide who gets the money or how you and your husband will share the money, if any proceeds of sale are left over after payment of closing costs, transfer taxes, and payoff of the Note.

From your statement of the problem, it sounds as if you will need a court to order the sale the property. It should be possible to have a court decide the issues that you and your husband are unable to agree on, including disposition of the house and the debt.

You should consult with a family lawyer to help you through this so that you do not inadvertently give up or lose rights that you may have.

Re: I Need My Name off the Note

This is not an unusual situation, and the court can order the sale of the home, but, you will need to find an attorney to help you with this.

I see Miriam and another atty also answered you, so I expect the advice to be similar, but I will add the following... If you can't deal amicably with your soon to be ex, avoid interaction with him. In divorces people often are angry and want to hurt the other... don't let him, and don't you do it! /when you do see him, do NOT react to any negative behavior. TRY to just simle or grim and walk away without reacting. Trust me, this will have a greater and more desireable reaction than giving him what he wants, our being and acting upset.

Focus on the positive, and avoid the negative. You will feel and be better for it.

Be well, and the best of luck to you.

Kevin J. Begley