Legal Question in Real Estate Law in Pennsylvania
I recently got divorced and divorced papers say my ex husband takes the house and responsibility over the payments . I called the bank to try to get my name off the loan and they said they can't do it unless he refinance for only his name. Is there any other way I could get rid of the loan ? Thank you !
1 Answer from Attorneys
Not that I know of. No bank is going to just let you take your name off. They will allow you to add a name (as it makes another person responsible for the loan) but they never allow a borrower to remove the borrower's name for the same reason - by removing your name, you are declaring that you are no longer responsible for the debt. When you took out the loan, the bank was induced to lend based on two names on the mortgage. Now with just one, its a different financial picture. So that is why you just cannot remove your name and why there are no other alternatives really. The only other options if your husband does not refinance are: (1) pay off the mortgage entirely in which case the mortgage would be cancelled or satisfied; (2) you can sell the home; or (3) you can file bankruptcy.
Why did your divorce attorney not mandate that your ex-husband would refinance the home? Can he refinance with his credit? The logical thing would be for him to refinance and buy your share of the equity in the home, if any, or at least refinance and get your name off the loan and deed. If that does not work, he can sell the home but if he does not want to do that and cannot afford to refinance, then you are stuck. I hope he pays the mortgage on time - any lateness will be reported on your credit.